O’Brien Estate Law Blog

  • Implications of Dying Intestate

    Implications of Dying Intestate

    ​Dying intestate, or without a valid will, can have profound implications for an individual’s estate and their loved ones.​ The distribution of assets, guardianship decisions, and emotional burdens are significant factors influenced by intestacy laws. 1. Definition of Intestacy Intestacy occurs when a person dies without leaving a legal will.…

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  • Choosing Estate Planning Tools

    Choosing Estate Planning Tools

    Estate planning is a crucial step in ensuring that your assets are distributed according to your wishes and that your loved ones are cared for after your passing. With various estate planning tools available, selecting the right ones can be challenging. Here’s a guide to help you evaluate and choose…

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  • How to Contest a Will?

    How to Contest a Will?

    Contesting a will involves a structured legal process initiated by interested parties who believe the will does not accurately reflect the deceased’s intentions.​ This process typically requires filing a petition in probate court, establishing legal standing, and presenting valid grounds for the contest. It can be complex and often necessitates…

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  • Understanding Estate Planning Audits

    Understanding Estate Planning Audits

    An estate planning audit is a comprehensive evaluation of your current estate planning documents and strategies. It helps ensure that these documents reflect your current wishes and comply with applicable laws. Given that life circumstances such as marriages, divorces, births, and changes in financial status can significantly impact your estate…

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  • DIY Estate Planning Issues

    DIY Estate Planning Issues

    DIY estate planning may initially seem like a cost-effective approach, but it often leads to significant legal issues and complications. Individuals who attempt to create their estate plans without professional guidance frequently encounter problems that can undermine their intentions and lead to costly mistakes. 1. Gap in Legal Knowledge One…

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  • Minimize Probate Costs

    Minimize Probate Costs

    Probate is the legal process that occurs after someone passes away, involving the validation of their will, inventorying assets, paying debts and taxes, and distributing the remaining assets to heirs. While necessary in some cases, probate can be time-consuming, stressful, and costly. Fortunately, with careful estate planning, you can significantly…

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  • How Often to Update Estate Plan?

    How Often to Update Estate Plan?

    Updating your estate plan is critical to ensuring your wishes are respected and your assets are managed effectively after your death. However, many people wonder how often they should revisit and revise these plans. The frequency of updates depends on various life events, legal changes, and personal circumstances. Here’s a…

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  • How Does a Healthcare POA Work?

    How Does a Healthcare POA Work?

    A healthcare power of attorney (HPOA) is a critical legal document that designates a trusted person, known as the agent or proxy, to make medical decisions on your behalf if you become incapacitated. Understanding how an HPOA works is essential for anyone seeking to ensure their healthcare wishes are respected,…

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  • Guardian’s Role in Estate Planning?

    Guardian’s Role in Estate Planning?

    As a parent, ensuring the future well-being of your minor children is one of the most important aspects of estate planning. In the unfortunate event of your passing or incapacitation, appointing a guardian becomes crucial to providing your children with the care and stability they need. This decision involves more…

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  • Protect Yourself from Liability

    Protect Yourself from Liability

    Owning a rental property is a rewarding investment that can generate steady income and long-term financial growth. However, along with the benefits come significant responsibilities and potential liabilities. As a landlord, you face various risks ranging from property damage and legal disputes to tenant injuries and financial losses. Navigating these…

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