Home » personal property

Five Steps to Avoid Probate Litigation

There are some estate planning strategies that you can utilize now that will make things much easier on your loved ones in case you pass away or end up incapacitated. You do this to eliminate many of the possible complications that your loved ones could face after you pass away. One  significant hardship for your heirs that you likely want to avoid is for your estate to get tied up in a lengthy, costly, and stressful probate process. The following are some steps you can take now to eliminate the chances your estate will end up in costly probate litigation after your passing.  Adequately Update Your Estate Plan Having a current estate plan is one of the best ways to make sure that you are adequately prepared for the various changes that lie ahead. This means making sure that you always sufficiently express your intent to anyone impacted by your estate plan.  Have Honest Conversations Whether you notice the early signs of dementia in a loved one or have unique estate plan goals, it is almost always a good idea to have open and direct conversations with your loved ones in case you end up incapacitated or pass away. You [...]

Three Things to Understand about Joint Property Ownership

A common piece of advice offered by estate planning lawyers is that various advantages can be realized by owning property jointly. In reality, joint ownership offers several advantages for surviving family members. Instead of viewing joint property ownership as an answer to every estate planning challenge, however, it is a good idea to be aware of the challenges and issues involved with such an estate planning technique. There are Two Types of Joint Ownership Joint ownership requires more than one party having interest in a property. For married couples, there are two options regarding how to jointly structure ownership of property: Joint tenancy with the right of survivorship is the most common type of joint property ownership. Titling assets in such a way often means that the property will be used for a personal residence. Structuring property in such a way means that either spouse can sell their share of the property without obtaining the other’s consent.  In property that is structured as tenancy by the entirety, one person owns his or her share of the property without the involvement of the other. Structuring property this way provides better creditor protection. In New York, unless the deceased individual who owned [...]

Why You Should be Cautious About the Use of “Personal Property” in Estate Planning

Various estate planning terms have taken on specific meanings. There is no helpful definition of “personal property” in Oklahoma besides §68-2807, which states that personal property includes anything except real property like lands and buildings.  In deciding about what constitutes personal property, Oklahoma courts tend to analyze the language used in an estate planning document when deciding whether what constitutes personal property. Sometimes, however, courts also rely on a person’s intent when making a personal property determination. This article reviews some additional factors that courts are likely to consider when deciding what constitutes personal property. Whether an Estate Plan Was Drafted by a Lawyer If you relied on an attorney to create your estate plan, courts will rely on a more traditional meaning of personal property. This is because courts assume that estate planning lawyers have a complex understanding of Oklahoma law. In cases where a person created an estate plan on their own, however, courts will be less likely to construe such an extensive definition. Whether an Estate Plan Contains a Residue Clause Many estate plans include specific gifts, which can be either particular items or a certain amount of money that a person would like to pass on [...]

2020-03-18T16:07:54+00:00Tags: , |