Avoiding Common Estate Planning and Asset Protection Mistakes.
Life is a journey, marked by milestones, hard work, and the accumulation of wealth and assets. It’s a journey filled with dreams and aspirations, and part of it involves planning for the future. Yet, too often, people neglect one crucial aspect of this journey: estate planning and asset protection. This isn’t just about money; it’s about securing your legacy and ensuring that the fruits of your labor benefit your loved ones, even when you’re no longer there to guide them. In this blog post, we’ll take you on a journey through the world of estate planning and asset protection, revealing common mistakes and offering strategies to help you safeguard what matters most. Don’t let your journey be incomplete; let’s embark on this essential voyage together. 
The Importance of Estate Planning
Protecting Your Legacy
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Estate Planning Essentials: Estate planning isn’t just for the wealthy; it’s a comprehensive strategy that ensures your assets are distributed according to your wishes. It encompasses wills, trusts, beneficiary designations, and more. Without it, the state may dictate what happens to your assets, which might not align with your intentions.
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Avoiding Family Feuds: Lack of clear estate planning often leads to family conflicts. When your wishes are vague or undocumented, it can trigger disputes among your heirs, potentially tearing your family apart. Proper estate planning can provide clear instructions, reducing the likelihood of such conflicts.
Common Mistakes to Avoid
Pitfalls and Blunders
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Procrastination Pitfall: Delaying estate planning is a grave mistake. Tragedy can strike at any moment, and without a plan, your assets may be distributed according to state laws, which may not align with your wishes. Starting early ensures your legacy remains intact.
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DIY Dilemmas: Many people attempt to create their estate plans without professional guidance to save money. However, this can lead to costly mistakes. Estate laws are complex, and what seems like a simple solution might have unintended consequences. Hiring an experienced attorney is a wise investment.
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Incomplete Inventory: Failing to maintain an updated inventory of your assets can create confusion during estate distribution. From bank accounts and investments to real estate and personal belongings, a comprehensive list ensures nothing is overlooked.
Asset Protection Strategies
Safeguarding Your Wealth
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Trusts: Your Shield: Trusts offer an extra layer of protection for your assets. Revocable living trusts allow you to maintain control while providing a seamless transition in the event of incapacity. Irrevocable trusts can shield assets from creditors and reduce estate taxes.
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The Power of LLCs: Limited Liability Companies (LLCs) are not only for businesses. They can also be used to protect personal assets. By structuring your investments, such as rental properties, within an LLC, you shield your personal assets from potential lawsuits.
Preparing for the Unexpected
Health and Incapacity Planning
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Healthcare Directives: These documents, like a living will and a healthcare proxy, ensure your medical wishes are respected if you become unable to communicate them. It’s a crucial aspect of estate planning that extends beyond financial matters.
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Power of Attorney: Choosing the right individual to manage your financial affairs in case of incapacity is vital. A durable power of attorney grants someone you trust the authority to handle your finances, pay bills, and make financial decisions on your behalf
In conclusion, estate planning and asset protection are not just about financial matters; they are about safeguarding your legacy and ensuring your loved ones are cared for in your absence. Avoiding common mistakes, such as procrastination and DIY planning, and implementing strategies like trusts and LLCs, can provide peace of mind. Additionally, health and incapacity planning ensure your well-being is also secured.
Ready to secure your future? Contact our expert estate planning and asset protection team at wfplaw.com/contact-us/ to schedule a consultation. Your legacy deserves the best protection possible. Our experienced professionals are here to guide you through the process and help you make informed decisions for your financial future.
The Role of Life Insurance in Estate Planning
Imagine this: You’ve worked hard your entire life to build a legacy for your loved ones. You’ve meticulously planned your estate, ensuring that your assets are distributed according to your wishes. But have you considered the crucial role that life insurance can play in safeguarding your legacy and providing financial security to your family? In this article, we’ll explore how life insurance is a powerful tool in estate planning, offering protection, liquidity, and peace of mind. 
Understanding Estate Planning
- What is Estate Planning?
- Define estate planning as the process of arranging for the orderly transfer of your assets and wealth to your heirs and beneficiaries upon your death. Explain that it encompasses more than just writing a will; it involves minimizing taxes, maximizing the value of the estate, and ensuring your wishes are carried out.
- The Objectives of Estate Planning
- Discuss the primary goals of estate planning, which may include providing for your family’s financial security, minimizing estate taxes, avoiding probate, and ensuring your assets are distributed according to your wishes.
The Role of Life Insurance
- Life Insurance Basics
- Explain the different types of life insurance policies, including term life, whole life, and universal life, and their respective features. Mention that life insurance provides a death benefit to beneficiaries.
- Protection for Your Loved Ones
- Describe how life insurance can replace lost income if the primary breadwinner passes away. Mention that it can also cover debts, such as mortgages and loans, preventing a financial burden on surviving family members.
- Creating Liquidity
- Elaborate on how life insurance provides an immediate source of cash when needed most, such as paying for funeral expenses, estate settlement costs, or outstanding medical bills. Highlight the importance of liquidity in estate planning.
- Estate Tax Planning
- Explain how life insurance can help mitigate estate taxes. Mention that the death benefit from life insurance is typically not subject to income tax and can be used to pay estate taxes, preserving more of the estate for heirs.
- Equalizing Inheritance
- Discuss scenarios where some heirs may receive non-liquid assets (e.g., real estate) while others receive liquid assets (e.g., cash). Explain how life insurance can be used to equalize inheritances, ensuring fairness among beneficiaries.
Choosing the Right Life Insurance
- Types of Life Insurance
- Provide a detailed comparison of term life, whole life, and universal life insurance, including their pros and cons. Mention that the choice depends on individual circumstances and objectives.
- Assessing Your Needs
- Offer guidance on how readers can determine the appropriate amount of coverage by considering factors like income replacement, debts, future expenses (e.g., education), and long-term financial goals.
The Importance of Professional Guidance
- Working with an Estate Planning Attorney
- Emphasize the value of consulting an estate planning attorney who can help create a comprehensive plan that aligns with the reader’s specific goals and local laws. Mention the importance of regularly updating the estate plan.
- Consulting a Financial Advisor
- Discuss how a financial advisor can provide insights into investment strategies and help align life insurance with broader financial planning goals. Mention the role of financial advisors in ensuring that the chosen insurance policy fits within the reader’s overall financial portfolio.
In conclusion, estate planning is not just about drafting a will; it’s about securing your family’s future. Life insurance, with its multifaceted benefits, is a critical component of a comprehensive estate plan. By understanding how life insurance can protect your loved ones, create liquidity, and optimize your estate, you’re taking a significant step towards a more secure legacy.
Ready to start planning your estate and ensuring your loved ones’ financial well-being? Contact us at wfplaw.com/contact-us/ today. Our team of experts is here to guide you through the process and help you make informed decisions about life insurance and estate planning.
Fortress of Success: Mastering Business Asset Protection 101
In the fast-paced world of business, success is often accompanied by risks. Imagine building a thriving company only to see it crumble due to unforeseen legal challenges. Whether you’re a startup or an established enterprise, safeguarding your business assets is paramount. Welcome to a journey through the art of fortifying your company against legal uncertainties, where we unveil strategies that can make the difference between downfall and triumph.
The Looming Threat: Understanding Legal Risks
Before we dive into the tactics, let’s grasp the diverse landscape of legal risks that businesses face. From contract disputes to intellectual property infringements, every entrepreneur must navigate this complex maze.
The Foundation of Protection: Choosing the Right Business Structure
Your business structure is more than just a formality; it’s a shield against personal liability. Explore the pros and cons of sole proprietorships, LLCs, corporations, and partnerships to ensure you’re choosing the armor that suits your company best.
Contracts as Guardians: Mitigating Risks through Solid Agreements
Ironclad contracts are your allies in the battlefield of business. Learn how well-drafted agreements can prevent disputes, outline clear expectations, and keep your assets out of harm’s way.
Preserving Intellectual Fortunes: Safeguarding Your Intellectual Property
Your ideas are your treasures. This section unveils how patents, trademarks, copyrights, and trade secrets can be the sentinels that shield your innovations from would-be infringers.
Insurance: The Safety Net You Can’t Afford to Ignore
When the unexpected occurs, insurance can mean the difference between bankruptcy and recovery. Discover the types of business insurance that can keep your company afloat in turbulent times.
Navigating Employment Laws: Keeping Your Team and Assets Protected
Your employees are your company’s backbone, but they also present legal challenges. Dive into labor laws, employment contracts, and HR practices that can minimize risks associated with workforce management.
Securing your business assets demands a proactive approach. Don’t leave your company’s fate to chance. Visit wfplaw.com/contact-us/ now to connect with our legal experts. Let’s build a robust shield around your business together.
Remember, in the world of business, protection isn’t just an option – it’s a necessity. Don’t wait until it’s too late. Safeguard your company’s future today.
Estate Planning for Blended Families: Ensuring Fair Distribution of Assets.
Love knows no boundaries, and neither do families. In today’s world, the term ‘family’ has evolved to encompass diverse and intricate relationships, often leading to blended families where stepchildren, ex-spouses, biological children, and adoptive come together. While these modern families are a testament to the power of love, they also present unique challenges when it comes to estate planning. Navigating the complex web of emotions, relationships, and assets requires a strategic approach to ensure a harmonious and fair distribution of assets for generations to come.
Understanding the Dynamics of Blended Families
Blended families bring together a mosaic of relationships that can be both beautiful and complex. Stepchildren may need time to adjust to new family dynamics, while ex-spouses might remain involved due to shared children. It’s vital to recognize these complexities, acknowledging that emotional bonds and histories influence decision-making. Open communication and empathy are key in establishing a foundation of trust among family members.
The Imperative of Tailored Estate Planning
Estate planning is not a one-size-fits-all endeavor, especially for blended families. Factors like remarriages, stepchildren, and potential conflicts require a customized approach. For example, a prenuptial agreement can delineate which assets are considered marital property and which are separate. This approach can help protect each spouse’s interests and prevent disputes.
Strategies for Equitable Asset Distribution
Equitable asset distribution is the goal, but it can be complex. Establishing trusts can be an effective strategy. For instance, a Qualified Terminable Interest Property (QTIP) trust can provide for a surviving spouse while ensuring that assets pass to biological children or other beneficiaries after the surviving spouse’s death. Designating specific assets for particular beneficiaries can also prevent conflicts, especially in cases where certain assets hold sentimental value.
Communication – The Keystone of Success
Clear and honest communication is paramount. Initiate conversations early to address potential concerns and expectations. Discuss financial matters openly, including inheritance plans and end-of-life wishes. Involving every family member in these discussions helps prevent misunderstandings and ensures that everyone is on the same page.
Professional Guidance for a Secure Future
Given the intricacies involved, seeking professional assistance is crucial. Estate planning attorneys who specialize in blended family dynamics can provide invaluable insights. They can draft documents that accurately reflect your wishes, ensuring that every family member’s rights and interests are legally protected. Their experience can also help you navigate potential challenges and scenarios you might not have considered.
Planning for the future of your blended family doesn’t have to be a daunting task. Visit wfplaw.com/contact-us/ to connect with our experienced estate planning team. We’re here to help you navigate the intricate journey of ensuring fair distribution of assets, safeguarding your loved ones, and building a legacy that mirrors the love you’ve cultivated within your blended family.
Safeguarding Business Assets and Ideas.
In today’s fast-paced and highly competitive business landscape, your intellectual property (IP) is one of your most valuable assets. From groundbreaking inventions to unique branding elements, your ideas and creations can set you apart from the competition. However, in an interconnected world, safeguarding your IP has become more critical than ever. In this blog post, we will explore the importance of protecting your intellectual property and provide practical strategies to ensure its safety and maximize its value.
The Value of Intellectual Property
- Unleashing the Power of Ideas: Understanding the significance of intellectual property as a driving force behind innovation and success.
- The Cost of Inaction: Highlighting the potential risks and consequences of neglecting IP protection, including loss of market share and revenue.
Types of Intellectual Property
- Patents: Exploring the role of patents in safeguarding inventions and technological advancements.
- Trademarks: Discussing the importance of trademarks in building brand recognition and customer loyalty.
- Copyrights: Explaining how copyrights protect original works of authorship, such as literary, artistic, and musical creations.
- Trade Secrets: Revealing the advantages of trade secret protection for confidential business information and processes.
IP Protection Strategies
- Prioritizing Confidentiality: Implementing robust internal protocols to maintain the secrecy of sensitive information.
- Registration and Documentation: Navigating the process of obtaining patents, trademarks, and copyrights to secure legal rights and establish proof of ownership.
- Enforcing Your Rights: Understanding the mechanisms available to defend your IP against infringement and unauthorized use.
- International Considerations: Highlighting the importance of global IP protection in an interconnected marketplace.
Partnering with IP Professionals
- The Role of Intellectual Property Attorneys: Discussing the expertise and guidance provided by IP professionals in managing and safeguarding your IP assets.
- Developing a Comprehensive IP Strategy: Collaborating with legal experts to develop a tailored approach that aligns with your business goals.
Your intellectual property is the lifeblood of your business. By prioritizing its protection, you secure a competitive edge and maximize the value of your ideas and creations. Don’t wait until it’s too late; take action now to safeguard your intellectual property and ensure long-term success. To learn more about protecting your IP and to consult with our experienced team of intellectual property attorneys, visit wfplaw.com/contact-us/ today.
Tips for Securing Your Digital Assets.
In this fast-paced digital era, cryptocurrencies have emerged as a transformative force, revolutionizing the way we think about money and financial transactions. However, as the popularity of digital assets soars, so does the need for robust security measures. Whether you’re a seasoned crypto enthusiast or just dipping your toes into this fascinating realm, safeguarding your digital assets should be a top priority. In this blog post, we will explore the complexities of crypto protection and provide you with essential tips to secure your digital wealth.
Understanding the Crypto Landscape
The Rise of Cryptocurrencies Cryptocurrencies have experienced significant growth and have become increasingly important in the financial world.
Key Terminology To better grasp the fundamentals, let’s explore key terms related to cryptocurrencies, such as blockchain, wallet, private key, and public key.
Common Security Threats
Hacking and Phishing Attacks Cybercriminals employ various methods to target digital assets, including hacking into accounts and using deceptive phishing techniques. Stay vigilant and be aware of the signs of fraudulent activity.
Malware and Ransomware Malicious software can compromise your devices and provide unauthorized access to your crypto assets. Ransomware poses a significant risk, where attackers hold your data hostage until you pay a ransom. Employ robust security software and regularly scan your devices for malware.
Exchange and Wallet Vulnerabilities Cryptocurrency exchanges and wallets can be vulnerable to security breaches. Choose reputable platforms and consider the security measures they have in place, such as multi-factor authentication and cold storage options.
Essential Tips for Crypto Security
Strong Passwords and Two-Factor Authentication Create strong, unique passwords for your crypto accounts and enable two-factor authentication (2FA) for an extra layer of security. Use a password manager to keep track of your passwords securely.
Cold Storage Solutions Consider using offline storage options like hardware wallets or paper wallets. These physical devices keep your private keys offline, making it more difficult for hackers to gain unauthorized access.
Software and Firmware Updates Regularly update your cryptocurrency-related software and firmware. These updates often include security patches that protect against newly discovered vulnerabilities.
Due Diligence and Research
Researching Exchanges and Wallet Providers Before selecting an exchange or wallet provider, conduct thorough research. Look for platforms with a solid reputation, good security track record, and positive user reviews.
Evaluating Security Features When assessing exchanges and wallet providers, pay close attention to the security features they offer. Look for features like multi-signature wallets, withdrawal whitelisting, and cold storage options.
Developing an Emergency Plan
Backup and Recovery Strategies Implement robust backup and recovery strategies to protect against accidental loss or hardware failure. Regularly back up your private keys or seed phrases and store them securely in multiple locations.
Estate Planning Considerations Consider including your digital assets in your estate planning. Ensure that your loved ones can access and inherit your crypto assets in the event of incapacitation or death.
Securing your digital assets in the world of cryptocurrencies requires vigilance and knowledge. By understanding the complexities and implementing effective security practices, you can safeguard your investments and navigate this exciting space with confidence. Remember, protecting your digital wealth is an ongoing commitment that demands constant attention and adaptation.
To explore further and learn more about crypto protection, contact our experts at WFPLaw. Schedule an appointment today by visiting wfplaw.com/contact-us/ to ensure the safety of your valuable digital assets.
Estate Plan vs. Living Trust
Estate planning and setting up a trust fund are two strategies used by individuals to manage their assets and plan for the transfer of their wealth to their loved ones. While both approaches serve the same purpose, they differ in terms of their objectives, legal requirements, and tax implications.
Estate Planning
Estate planning is the process of creating a comprehensive plan for the distribution of one’s assets after death. It involves creating a will, appointing an executor, and identifying beneficiaries. Estate planning can also involve creating trusts, gifting assets, and establishing powers of attorney. The primary goal of estate planning is to ensure that one’s assets are distributed in accordance with their wishes and that the process is as smooth and efficient as possible.
Living Trust
Setting up a trust fund, on the other hand, involves transferring assets into a trust that is managed by a trustee. The trustee holds the assets on behalf of the beneficiaries and manages them according to the terms of the trust agreement. Trusts can be established for a variety of reasons, such as protecting assets from creditors, providing for minor children or family members with special needs, and minimizing estate taxes. The primary goal of setting up a trust fund is to ensure that one’s assets are protected and managed in accordance with their wishes, both during their lifetime and after their death.
Estate Planning vs. Living Trust
One of the main differences between estate planning and setting up a trust fund is the legal requirements involved. Estate planning typically involves creating a will and appointing an executor, which can be done without the assistance of an attorney. However, setting up a trust fund requires the assistance of an attorney to draft the trust agreement and ensure that it complies with state and federal laws.
Another difference between estate planning and setting up a trust fund is the tax implications. Estate planning involves the payment of estate taxes, which can be significant depending on the value of the estate. However, setting up a trust fund can help minimize estate taxes by removing assets from the estate and placing them in a trust. Additionally, trusts can be structured in a way that minimizes income taxes and capital gains taxes.
In summary, estate planning and setting up a trust fund are both important strategies for managing and transferring wealth to loved ones. Estate planning involves creating a comprehensive plan for the distribution of one’s assets after death, while setting up a trust fund involves transferring assets into a trust that is managed by a trustee. The legal requirements and tax implications of these strategies differ, so it is important to consult with an attorney or financial advisor to determine which approach is best for your individual needs and circumstances.
Contact a WFP estate planning attorney today if you have more questions regarding your estate plan or living trust.
Do I Need An Estate Lawyer?
Picture this: You’ve worked hard throughout your life, accumulated wealth, built a legacy, and fostered relationships that matter. But what will happen to it all once you’re no longer here? It’s a sobering thought, isn’t it? Estate planning is the answer, and a trusted estate planning lawyer is your guide on this important journey. In this blog post, we’ll explore the vital role an estate planning lawyer plays in securing your future and protecting the interests of your loved ones.
Navigating the Complexities of Estate Planning
Making sense of estate planning laws, regulations, and paperwork can be daunting for anyone. An estate planning lawyer is well-versed in these complexities and can simplify the process for you. They are trained professionals who understand the intricacies of wills, trusts, powers of attorney, and other legal instruments necessary to protect your assets.
Customizing Your Estate Plan to Your Needs
No two individuals have identical circumstances or wishes for their assets. An estate planning lawyer will work closely with you to understand your unique situation and tailor a plan that aligns with your goals. They will help you consider various factors, such as tax implications, charitable contributions, healthcare directives, and guardianship of minors, ensuring that your estate plan reflects your exact wishes.
Avoiding Probate Nightmares
Probate can be a lengthy and expensive legal process, often causing unnecessary stress and complications for your loved ones after your passing. An experienced estate planning lawyer can guide you in structuring your estate plan to minimize probate or avoid it altogether, ensuring a smooth transition of assets to your beneficiaries.
Protecting Vulnerable Beneficiaries
If you have minor children, elderly dependents, or loved ones with special needs, an estate planning lawyer can help safeguard their financial and personal well-being. They will assist you in setting up trusts, appointing guardians, and establishing mechanisms for ongoing support, providing you with peace of mind that your vulnerable beneficiaries will be taken care of.
Adapting to Changing Circumstances
Life is unpredictable, and circumstances can change over time. An estate planning lawyer can help you review and update your estate plan as needed, ensuring it remains relevant and effective. They will stay abreast of changes in laws and regulations, and proactively advise you on any necessary adjustments to protect your interests and your family’s future.
Securing your legacy and providing for your loved ones is a responsibility that shouldn’t be taken lightly. By working with an estate planning lawyer, you can navigate the complex landscape of estate planning, customize a plan that reflects your unique needs, protect your assets, and safeguard the future of your beneficiaries. Don’t leave such crucial matters to chance. Take control of your estate planning today and reach out to an experienced estate planning lawyer.
Ready to take the first step towards securing your future? Contact one of our expert estate planning lawyers and let us guide you through the process, ensuring that your wishes are respected, and your legacy is preserved for generations to come.
Pets & Estate Planning
Beloved Peanuts creator Charles Schultz wisely said, “happiness is a warm puppy.” Whether you’re a cat lover, dog lover, or another furry (or feathered) creature connoisseur, you know how true that sentiment is. Animals, certainly more so than humans, are capable of truly unconditional love. While our pets occupy many of our daily thoughts and tasks, too often they are forgotten when it comes to planning for our futures. 
Your Wishes
It’s difficult to imagine your pet outliving you, but it’s an important scenario to consider, particularly if your pet is young. Think about where the best place for your pet would be in your absence. If you’d like your pet to live with a family member or friend in the event of your passing, make sure to discuss it with that person and have your wishes reflected in your last will and testament. If entrusting your pet to someone you know is not a viable option, look into a local organization that cares for and rehouse animals to thoroughly vetted people looking to adopt an animal. Make sure to have a designated short-term care person named in your will who can care for your pet before the organization takes possession. This process can take a few days or a few weeks, and you want to make sure your four-legged friend is well cared for during this transition time. As with any wishes in your will, make sure your family is aware of your plans so there is no confusion after your passing.
Do’s & Don’ts
While you may wish you could leave your estate and possessions to the friend who has been with you for your best and worst days, unfortunately the law recognizes pets as property and as such, they cannot inherit any assets. You can, however, set aside a sum of money to go toward a pet’s care. These funds must go to a named individual or organization though and not directly to the pet.
Backup Plan
You may also consider outlining a backup plan in your will in the event that your named caregiver becomes unable or unwilling to take on the responsibility of your pet. In general, it’s also a good idea to revisit your will every few years to make sure your wishes are accurately reflected.
Estate planning can feel daunting and complicated, but the attorneys at Wild Felice & Partners have over 40 years of combined legal experience and are well-equipped to guide you through the process. Contact a WFP attorney today to discuss your estate planning options.
How Prenups Affect Estate Plans.
Prenuptial agreements, or “prenups,” can be thought of as a bit controversial, but they are effective tools to ensure a fair and equitable distribution of assets, not only in the unfortunate case of divorce, but also when it comes to estate planning. Prenups are also becoming more popular–according to a study conducted by the American Academy of Matrimonial Lawyers, 62 percent of attorneys said prenups are on the rise, particularly among millennials.
Providing Clarity
Unless your wishes are clearly spelled out, in some states (known as “community property states”), the surviving spouse is automatically entitled to a substantial portion of your assets. A prenup can more clearly and accurately spell out what portion of the estate is left to the spouse. Prenups can also help decide what property or properties are considered shared or singularly owned. This delineation will help alleviate potential issues that might arise among surviving family members after a spouse’s passing.
Protection From Prior Debts
A prenup can offer protection to the surviving spouse from creditors trying to collect on a debt that preceded the marriage owed by the decedent. Without a prenup, creditors can attempt to collect from the surviving spouse, undoubtedly causing more undue stress and suffering during a difficult time.
Working With a Will
A last will and testament is not always as iron clad as people believe it to be. A will is certainly an important estate planning tool and it can work best in conjunction with a prenup. At Wild Felice & Partners, we can walk you and your family through the estate planning process and help set up a plan that works best for all parties. A last will and testament should be revisited periodically to reflect major life events or changes–such as a marriage or divorce but also birth of a child or grandchild, a significant increase or decrease of assets, a serious illness or injury, etc.
Many couples will wait until after the marriage to work out an agreement, this is referred to as a “postnuptial” agreement. These can function similarly to a prenup, but consult with a lawyer about your state’s laws as many have different requirements for “postnup” agreements.
Prenups are an extremely useful tool in estate planning and work well with a traditional will. If your wishes are not clearly spelled out, shared with family members and reviewed by an attorney, you risk causing a great deal of confusion and turmoil after your passing. Mentioning your wishes to a spouse or sibling doesn’t hold up in court. Contact a WFP attorney today to discuss your estate planning options.