We write a lot on our blog about the separate pieces of an estate plan, the unique financial challenges facing adults these days, or each of the many individual concerns we face in the course of keeping up with the present and planning for the future; but today we want to look at the big picture. We strongly feel that planning for the future—really taking care of your family and loved ones—is not about individual pieces, it’s about seeing how those pieces fit together and make up the whole. Which is why, whenever we can, our firm takes a comprehensive approach to protecting your family and your future:

Providing for young children: We know that one of the hardest things to do as a parent is to try to imagine your child’s life without you. We also know that getting over that hurdle and choosing the best guardians for your child and creating a trust designed for their unique needs can bring a world of comfort.

Providing for elderly parents: Baby boomers are not called “the sandwich generation” for nothing. Having an attorney who can help you with the guardianship of minor children and then turn around and help you understand the ins and outs of Medicare for the benefit of your aging parents is not only convenient, it’s essential.

Planning your own retirement: The process of creating an estate plan forces you to get all of your ducks in a row, including your retirement and investment accounts, and we can help. In addition, our firm can help you understand (and execute, if desired) a Retirement Trust, which not only extends your retirement fund past its initial payout date, but gives you more options for distributions.

Saving for college: We can help you make sure that your college-age children will have the wherewithal to follow their (and your) dreams for education in the event that anything happens to you. An education trust is the perfect way to provide for your children’s schooling.

Investing in the future: The future is the business of an estate planning attorney, whether it be protecting your life insurance policy for your family, saving your property from probate fees, or minimizing your taxes.

We know that it’s not easy finding someone you can trust with your family security and finances. Our compassion and expertise make us more than just an estate planning firm, a probate specialist, or an elder law firm—we’re your family law firm.

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When are you safe from meddling relatives if not when you’re dead?

It turns out, even death is no safe haven, as this article by Tracy Breton in The Providence Journal suggests. According to the article, the will of University of Rhode Island professor Beatrice S. Demers, who died last year at the age of 100, is being disputed by distant relatives. Demers’ distant cousins are arguing that her will, which leaves millions of dollars to various charities, is invalid on the grounds that Demers was not of sound mind when she signed it back in 2002.

Unfortunately, contested wills and trusts are not as unusual an occurrence as we’d like to think. Money—especially large sums of it—can turn reasonable people into irrational creatures. Luckily, estate planning attorneys have experience with this, and have made it their business to ensure that your final wishes are respected.

One tool estate planning attorneys use to protect your will or trust is something called a “no contest clause”. A no contest clause states that anyone contesting your document without probable cause is automatically disinherited. Some no contest clauses will allow the contester to walk away with nothing more than $1, or some other insignificant amount.

Of course, particular care must be taken in cases such as the one in the article mentioned above, where dementia may be a factor. Two witnesses are required at the signing of a will for this very reason; not only to ensure that no force or pressure is involved, but also to testify that the person signing the will is indeed of sound mind.

If you have had an attorney’s help in creating your will (as opposed to creating one online or using a home software program) you have a further layer of protection, because your attorney will have ascertained your state of mind through personal conversations, and be able to bear witness to that fact if necessary.

Of course, your family would never oppose your final wishes. But just to be safe, make sure your estate plan has an effective no contest clause. You never know when a second-cousin-twice-removed may pop out of the woodwork.

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According to this article by the Associated Press, the tragic death of actor Heath Ledger is followed by the further tragedy of a will that was filed in Australia in 2003 and never updated to provide for his 2 year old daughter with actress Michelle Williams. The entirety of Ledger’s estate is instead left to his parents and sister.

Sadly, this is not an uncommon scenario. Most people would like to think about their estate plan once and never think about it again. But our lives, families, and situations change, and it is imperative that we update our estate planning documents to reflect those changes.

Ledger’s parents have said that they will make sure their granddaughter is provided for, but not everybody is going to be as responsible or trustworthy. The only way to guarantee that your estate will be distributed according to your wishes, or that your loved ones are provided for, is to keep your estate plan fresh.

A yearly review and a call to your attorney whenever your life has seen major changes is not such a tall order. In fact, it’s a very small price to pay to prevent a situation like the one in the article above. One tragedy is enough for any family. Lessen the hurt for yours by keeping your estate plan up to date.

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