The Co-Trustee Pitfalls

Posted by Sheri Tucker, M.S., J.D.Nov 28, 20230 Comments

A living trust is an important piece of estate planning.  Once in awhile parents will want to appoint co-trustees as their successor trustees.  The question typically comes up when there are two or three children and parents don't want to leave one out.  I'm asked, "Can we just appoint co-trustee...

What is a Successor Trustee?

Posted by Sheri Tucker, M.S., J.D.Nov 27, 20230 Comments

When creating an estate plan, grantors need to consider choices for a successor trustee. How does a successor trustee step in and take care of a trust? What are the duties of a successor trustee? What characteristics should a grantor consider when choosing a potential successor trustee? This blog explores duties and characteristics to consider for choosing a successor trustee in your estate plan.

What is Estate Planning?

Posted by Sheri Tucker, M.S., J.D.Jul 27, 20230 Comments

What is estate planning? It's all about you! Why do you need an estate plan? We've read the celebrity stories about famous people without an estate plan.  For example, Prince's estate of $156 million finally settled after 6 years of tense, terse, court battles.  A most recent horror story let us ...

Estate Plans and Financial Power of Attorney

Posted by Sheri Tucker, M.S., J.D.Apr 04, 20230 Comments

Business women are looking at the company's financial documents to analyze problems and find solutions before bringing the information to a meeting with a partner. Financial concept. Powers of Attorney are an essential element in estate planning.  When people try to DIY their estate plan, they se...

Special Needs Trusts and Guardianship

Posted by Sheri Tucker, M.S., J.D.Mar 23, 20230 Comments

Creating your estate plan is important for everyone.  Estate planning for a child with a disability is crucial.  Are you thinking about Guardianship? You should also think about a Supplemental or Special Needs Trust. What is guardianship? How is guardianship and special needs trusts related? When...

Love Estate Planning

Posted by Sheri Tucker, M.S., J.D.Feb 19, 20230 Comments

Take a moment to stop and think about your family. Is your spouse protected if you are severally injured or die in a car accident? Are you prepared for a life crisis? Are you prepared in the event you receive a diagnosis of dementia or Alzheimer's? Are your children protected if both parents die?...

What Happens If You Don’t Have a Will?

Posted by Sheri Tucker, M.S., J.D.Jan 28, 20230 Comments

Many don't have a basic estate plan in place. If you don't have a will, ask yourself this question: “What happens if I die without a Last Will and Testament?”  People spend a lifetime earning a retirement, paying for a home, building up a dream savings.  People spend years gathering but very litt...

Seniors and Medicaid Planning

Posted by Sheri Tucker, M.S., J.D.Jan 04, 20230 Comments

Often Adult Children of aging parents walk into my conference room concerned  about their parents' finances and health care expenses, long-term care needs, mental capacity, and a lack of financial resources. Adult children want solutions. Sometimes it's a concerned spouse who needs answers. Every...

Do You Have Estate Planning Goals?

Posted by Sheri Tucker, M.S., J.D.Dec 26, 20221 Comment

Happy Holidays!  Now it's time to watch the year tick down. Then we ring in the New Year and watch the Ball drop. As you reflect on the year – Did you accomplish all your goals in 2022?  Life happens and maybe you didn't get to everything.  Do you know one goal that should not be put off?  Your E...

Your Estate Plan and Copyrights

Posted by Sheri Tucker, M.S., J.D.Nov 26, 20220 Comments

Typically, you may think that estate planning only covers real estate, financial accounts, and personal property.  However, there is another group of assets to consider: Intellectual Property.   Today, let's look at your estate plan and copyrights. What is Intellectual Property? What is Intellect...

What is Legacy Planning?

Posted by Sheri Tucker, M.S., J.D.Nov 26, 20220 Comments

Perhaps you watch commercials about easy and cheap forms to help you write a last will and testament? Perhaps you consider buying a form you complete as a DIY estate plan.  TrustandWill and Legalzoom, to name a few, offer quick, cheap fixes. That old adage, “You get what you pay for,” is a good o...

Estate Planning and Your Trademark

Posted by Sheri Tucker, M.S., J.D.Jul 13, 20220 Comments

How is a trademark connected to one's personal estate planning?  Why is estate planning important if you own a trademark? If you are a small business owner, you protect your building with commercial insurance. You write a business plan, you put your time and energy in your business to become succ...

Intellectual Property and Estate Planning

Posted by Sheri Tucker, M.S., J.D.Jul 09, 20220 Comments

Typically, you may think that estate planning only covers real estate, financial accounts, and personal property.  However, there is another group of assets to consider: Intellectual Property.   Let's look at the definition of intellectual property and its connection to estate planning. What is I...

DIY Last Will and Property Problems

Posted by Sheri Tucker, M.S., J.D.Jan 28, 20220 Comments

With the COVID-19 Pandemic, people turned to Do It Yourself (DIY) Last Will and Testament Forms. Too often people assume that a Last Will and Testament is a document to download from the Internet and fill in the blanks.  Writing your own Will often leads to misinterpretations and problems. A last...

What is a Valid Last Will?

Posted by Sheri Tucker, M.S., J.D.Jan 19, 20220 Comments

Your Last Will and Testament is a basic part of your estate plan that tells the Court how you want your property to be given and who should receive your assets after your death. To do the job, it needs to be a valid legal document.  Too often, people try to write a Last Will and Testament themsel...

What is a Family LLC?

Posted by Sheri Tucker, M.S., J.D.Sep 12, 20210 Comments

Do you and your spouse own a small business together? Perhaps, you and your spouse invest in rental properties or even own a family farm. What is the connection between being a family, a business owner, and estate planning? As a family and business owner what type of estate planning should you co...

What’s Wrong with DIY Estate Plans?

Posted by Sheri Tucker, M.S., J.D.Aug 02, 20210 Comments

Do It Yourself (DIY) projects exist in many different areas such as landscaping, bathroom remodeling, and even pouring a patio. Consumers browse through websites and links watching instructional videos and reading how-to manuals.  People read and try to find answers to complex questions.  If a mi...

Estate Plans for Business Owners

Posted by Sheri Tucker, M.S., J.D.Jul 18, 20210 Comments

Dust off the cobwebs of the COVID19 year. It's time to get back into the game of business or even step up for a new mile marker of achievement. However, it's not just time to take care of business. It's time to take care of your estate plan. What is the connection between your business and your e...

Are Granny Cams Legal?

Posted by Sheri Tucker, M.S., J.D.Jul 09, 20210 Comments

Two scenarios for electronic monitoring Seniors and Elderly parents exist.  One happens when children place hidden cameras in their parents' own home. Often adult children view cameras as an electronic babysitter in the home. The camera is used as a safety measure or even to prevent elder abuse. ...

Seniors Beware the Scammer

Posted by Sheri Tucker, M.S., J.D.Jul 01, 20210 Comments

Seniors Beware the Scammer.  Many good and caring people live in the world. In times of disasters, and the Pandemic, we saw strangers with big hearts, helping out and going the extra mile for others. We celebrate folks who volunteer their time to help others in need, especially during disasters. ...

Estate Planning and Grey Divorce

Posted by Sheri Tucker, M.S., J.D.May 08, 20210 Comments

We started hearing about grey divorces from the lives of politicians and celebrities.  The recent announcement by Bill and Melinda Gates  reinforced the trend of people divorcing after the age of 50 years.  It's not only the rich and famous becoming “Silver Splitters;” it's also the everyday husb...

What is Wealth Management?

Posted by Sheri Tucker, M.S., J.D.Apr 23, 20210 Comments

This article focuses on advanced estate planning and asset protection for affluent families. Over 65 types of trusts exist in estate planning. Each trust serves a different need or purpose.  One type of estate   plan may fit for one individual or family; yet may not be the best solution  for anot...

What is Elder Law?

Posted by Sheri Tucker, M.S., J.D.Mar 30, 20210 Comments

People often ask the question, “What is Elder Law?” Before diving into the areas of elder law, I have to say that the state of Missouri does not recognize specializations. However, does this mean that a client should not research the attorney who focuses on this practice area of law? Absolutely n...

Why Estate Planning?

Posted by Sheri Tucker, M.S., J.D.Mar 01, 20210 Comments

There are the What Ifs to consider for estate planning.  What if I have children and die? What if someone wants grandma's wedding ring when I die? What if I have incapacity? The What Ifs exist but aren't always pleasant to think about. Still, it is the what ifs that make it important to put an es...

What is a Third-Party Special Needs Trust?

Posted by Sheri Tucker, M.S., J.D.Feb 25, 20210 Comments

What is a Third-Party Special Needs Trust (SNT)? A Third-Party SNT is an estate planning tool that helps provide a quality of life. Often family members desire a way to provide for a child with a disability.  Parents with  child who has a disability should consider taking an extra step in estate ...

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