incapacity

Married With Children: Estate Planning for Young Families

Married With Children: Estate Planning for Young Families

When you have a kid, everything else usually takes a back seat.

Sleep? Forget about it.

Free time? Never heard of it.

There's often no time for fun things like hobbies or other activities — which means that it can seem like there is definitely no time for un-fun things estate planning.

But what if something unexpected happens:

  • What happens to your child if you or your spouse suddenly die or become incapacitated?

  • Who takes care of your child's medical needs and daily care?

  • Who manages your assets until your child reaches adulthood?

You might think that the answer to these questions is obvious, but the law might not agree. And your own written notes or spoken instructions generally aren’t legally enforceable.

To address these sensitive questions, you should have an estate plan.

Why do I need an estate plan?

I have talked a lot about the importance of having an estate plan. That doesn't change when you have kids.

In fact, having children makes having an estate plan even more important.

What is an Advance Directive for Health Care?

What is an Advance Directive for Health Care?

Estate planning is meant to give you peace of mind. Knowing your assets will go to the proper people is important. But equally (if not more) important is knowing that the proper people will be able to take care of you when you cannot do so yourself. Therefore, one of the most indispensable parts of your estate plan is the Advance Directive for Health Care.

We have previously written about advance directives in greater detail, but, to summarize, the document is made up of three parts: (1) a living will, (2) health care proxy appointment, and (3) anatomical gifts.

Durable Powers of Attorney: Explained

Durable Powers of Attorney: Explained

Kanye West once said that no one man should have all that power. Fortunately for 'Ye, one man doesn't have to have all that power if he has an essential estate planning document called a Durable Power* of Attorney. (*This was most likely the "power" Kanye was referring to in his hit song, "Power".)

What does a power of attorney do?

Generally speaking, a power of attorney gives someone (your "attorney-in-fact") the ability to act for you in financial and/or medical situations. In other words, one man doesn't have to have all that power — he can share it with someone else. This authority can be limited in scope, e.g., a single real estate transaction; or it can be broad, e.g., any and all healthcare and financial decisions.

One Weird Estate Planning Concept You Need to Know

One Weird Estate Planning Concept You Need to Know

So your parents have a Last will and Testament or a Living Trust. Great. It was signed by all the proper parties, contains the proper language, and appoints the proper people. Wonderful. And to top it all off, the attorney's gave you an unbelievable deal. Excellent (unlikely, but excellent). The problem? Those documents can still be thrown out by the court if your parents lacked one key thing: testamentary capacity.

What is Testamentary Capacity?

We lawyers sure do like our big words. Fortunately for everyone, testamentary capacity boils down to a pretty simple idea: Does the person signing a Will or Trust understand what they're signing? To have testamentary capacity in Oklahoma, the testator (the person signing the Will or Trust) must understand, in a general way, (1) the quality and quantity of his or her property (sometimes called their "bounty"), (2) the natural objects of his or her bounty (i.e., who should logically inherit their property), and (3) the legal effect of signing the document.