Decanting is an important tool that emerged in some states in the last century.[1] This tool is increasingly being used to remedy situations where a now-irrevocable trust needs to be fixed because of changing circumstances that appear to work contrary to the trustmaker’s intent.
Avoiding probate is a common goal for individuals deciding how they want their money and property to be handled when they pass. It is a worthy one and is regularly promoted by estate planning attorneys across the nation. However, probate is not an inherently bad process and does not always need to be avoided. Probate can be simply defined as the court-supervised process of distributing a deceased person’s money and property—the key word being “court-supervised.” Court supervision has both pros and cons. In most cases, emphasis is rightly placed on the complexities associated with court involvement. Namely, court supervision makes the process of distributing money and property a public proceeding that is subject to timelines that are slow and often drawn out. The cost of court involvement also complicates matters.
Although some attorneys make it their standard practice to retain and store a client’s original will for safekeeping as a service, that trend is becoming increasingly rare. As more law offices make efforts to “go green” by storing only digital copies of legal documents, they are giving their clients the responsibility of keeping their original documents safe.
A conservatorship is a legal means of stripping someone of their right to make certain decisions for themselves. This drastic measure, provided for under the law, is typically implemented with the best of intentions. Many people who suffer mental health challenges or disabilities, dementia, or extreme physical disabilities require the help of someone who can make informed decisions that are in their best interests. However, a conservatorship is an extreme step and should be approached with great caution—an individual’s liberties are at stake.