living will

Anthony Bourdain and Estate Plans for Separated Spouses

Anthony Bourdain and Estate Plans for Separated Spouses

In the wake of celebrity chef and TV personality Anthony Bourdain's tragic death last week, many articles have been written about his complicated family situation, specifically that Bourdain and wife were permanently separated (but not divorced) at the time of his death.

Like death, divorce and separation are topics nobody likes to talk about. However, they have very different effects on an estate plan. In Anthony Bourdain's case, that leaves a host of estate planning issues unresolved — and millions of dollars up for grabs.

This blog post will discuss the impact of divorce and separation on estate planning, focusing on the following topics:

What is the difference between divorce and legal separation?

Why choose legal separation over divorce?

Can a spouse still inherit after a legal separation?

How can I protect my estate from a separation?

5 Estate Planning Tips for Unmarried Couples

5 Estate Planning Tips for Unmarried Couples

Like it or not, marriage is a business proposition.

"But isn't it also about love?" Yes, yes. Love and feelings and all that stuff. But marriage can also have a huge financial impact on a family.

Marriage (or, rather, not being married) can have an equally huge impact on an estate plan.

According to U.S. Census Bureau data, the number of adults in cohabiting (unmarried) relationships relationships is up 29% since 2007. That's about 18 million adults, roughly half of which are younger than 35.

With this rising trend of cohabitation among Millennials, it is important — perhaps more now than ever — to understand the estate planning implications for unmarried couples.

Do unmarried couples need an estate plan?

Remember that there are two sides of estate planning: What happens to your STUFF when you die and who takes care of your SELF when you become incapacitated. 

Those goals do not change when you get married, so an estate plan for an unmarried couple usually looks about the same as an estate plan for a married couple. It is just much more important that an unmarried couple has an estate plan in the first place.

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.

The Definitive Guide to Advance Directives

The Definitive Guide to Advance Directives

An advance directive for health care is a legal document that allows you to express your wishes for end-of-life care in the event you are unable to communicate those wishes to your doctor. In Oklahoma, an advance directive covers three topics: (1) the living will, (2) the health care proxy, and (3) anatomical gifts.

Part One: The Living Will

The main portion of an advance directive is the “living will,” by which you state your preference for the use of certain treatments under certain conditions. This is the most technical part of the document, so it is important to understand what these terms mean.