by Bezaire, Ledwitz & Associates, APC | Last updated Feb 22, 2023 | Estate Administration, Estate Planning, Living Trusts, Press, Probate, Trusts, Wills
Our firm frequently comes into contact with prospective clients who want to know why they should pay attorneys’ fees for an Estate Plan when they can produce “the same product,” for a fraction of the cost, by filling out a form online. Unfortunately, the pitfalls of being a DIY Estate Plan owner are common, as evidenced by a story in this month’s ABA Journal. In the article, Ann Aldrich used an “E-Z Form” to create a will which left all of her property to her sister, and then to her brother if her sister had already passed away. It seems simple enough, doesn’t it? The client had simple wishes—why should she pay an attorney to memorialize something that only amounts to two lines of text? The answer is that even if the wishes are simple, drafting a document to ensure those wishes are followed can be complex. Ms. Aldrich didn’t know that a will should include a residuary clause, which directs how assets not specifically named in the will should be handled. Because the E-Z Form that Ms. Aldrich used did not contain this clause, a considerable amount of property was subject to disposition by the provisions of the law: not Ms. Aldrich’s wishes. When property isn’t mentioned in a will, it is disposed of according to the legal rules of intestacy applicable to that state, treating it as if Ms. Aldrich didn’t have a will at all when it comes to that property. The end result of this oversight was that the daughters of one of Ms. Aldrich’s brothers (who was long dead by the time of her... by Bezaire, Ledwitz & Associates, APC | Last updated Feb 22, 2023 | Arcadia, Estate Planning, Pasadena, Press
City of Arcadia Law Day is coming up soon. The City of Arcadia and the Arcadia Chinese Association will co-sponsor this free Ask-a-Lawyer Program at the Arcadia Public Library on Saturday, May 10, 2014 from 10 a.m. to 1 p.m. Volunteer attorneys, along with other members of the bar and judiciary, will be available to provide free brief one-on-one consultations on general legal questions to the public. They will provide a summary of legal rights and general advice on a “walk-up” basis and, where appropriate, will refer individuals to the proper legal or governmental organizations. Please come and meet representatives of our...