Until passage of the 2016 National Defense Authorization Act (NDAA), any Survivor Benefit Plan (SBP) coverage awarded a former spouse in a military divorce vanished when the former spouse died before the retired servicemember.  It was impossible for the retired servicemember to enroll a new spouse.  Fortunately, that inequity is a thing of the past.

In...

Many people include a provision in their Will that designates a guardian for minor children after their death.  That approach may prove insufficient.  Remember, a Will only has effect after your death.  It has no effect, for example, if you're still alive but incapacitated (e.g. in a coma after getting "hit by a...

Yes, but...  Divorce does not invalidate the entire Will.  However, all provisions in the Will, including any fiduciary appointments such as trustee or executor, shall be read as if the ex-spouse predeceased the Will-maker.  So, rest assured, your ex-spouse won't be in the driver's seat as the executor of your estate (unless you specifically...

A durable power of attorney is a routine part of many people's estate plan.  Unfortunately, sometimes the person designated under the power of attorney--the agent--no longer deserves the principal's special trust.  My previous blog discussed steps involved in revoking a durable power of attorney.  At that blog's conclusion, I mentioned that a demand...

A durable power of attorney is a normal part of an estate plan.  Yet, when a need to revoke a durable power of attorney arises, the "principal" (i.e. the person who gave the power of attorney to his agent) should do more than simply demand a return of the document.  More is required...

Anyone who has actually read their Deed of Trust (commonly called "the mortgage") noticed the dreaded "due-on-sale" clause.  Due-on-sale clauses are intended to stack the deck in favor of lenders. In simple terms, a due on sale clause gives lenders the right to accelerate or "call" the note and demand full payment of the debt any...

Planning for the care of your property or family members after your death is often a complex process.  The following list of common estate planning mistakes will help to ensure that you are making smart decisions to protect your loved ones and legacy.

Planning your estate by yourself. An estate planning attorney has...

Your will is an ongoing process that needs reviewed periodically to ensure its validity and relevance. This is particularly true when changes occur in your family or personal situation. Your will and estate plan should be revised in response to life-altering events, such as:

Changes in Employment

Income changes may alter or invalidate portions...

Envision an unfortunate scene after your passing.  Your three adult sons are bickering about the inheritance each expects to get.  You had given your eldest son a $10,000 check a few years ago to help him out of a financial jam.  Now, the middle and youngest sons claim the eldest should get $10,000 less...