August 27, 2010

Codicil


The following are situations in which it is suggested that a person have an attorney review their will/trust. This list is not meant to be all-inclusive as there are other situations obviously which necessitate a review of one's estate plan. I have found that most clients update or change their estate plan a few times over their lives as most people encounter similar life-altering situations: inheritance, passing away of a loved one, employment change, etc. 

A. Familial and Personal Matters 

1. Marriage or domestic partnership of client (prenuptial/postnuptial agreements)
2. Death, divorce or separation of spouse (trust administration/probate)
3. Development of long-term, committed unmarried relationship
4. Dissolution of long-term relationship or death of domestic partner
(palimony issue)
5. Birth, adoption, maturity, marriage, divorce, or death of a child or grandchild
6. Death of a beneficiary (anti-lapse issue)
7. Serious illness or incapacity of spouse, domestic partner, child or any other significant beneficiary (conservatorship)
8. Significant change in economic status of spouse, domestic partner, child, or any other significant beneficiary
9. Significant change in relationship between client and any beneficiary
10. Significant change in client's health
11. Client's change of residence to another state or country
12. Change in relationship between client and person named as executor, trustee, or guardian; incapacity, unavailability, or death of same

B. Financial Changes 

1. Significant change in income, net worth, or nature of assets
2. Disposal of specific assets mentioned in will (inheritance)
3. Employment change
4. Change in business interests: new partnerships or corporations; dissolution of partnerships or corporations
5. Acquisition or disposal of property in a different state or country
6. Retirement