Creating a Testamentary Trust as Part of Your Will

Irene C. Olszewski, Esq. | April 25, 2012

By simple definition, a Testamentary Trust is a Trust created within and as part of a person’s Last Will and Testament (Will).  This type of Trust differs from Living Trusts in significant ways and I will not be addressing those differences in this post.  Instead, I will focus solely on the Testamentary Trust.
When your lawyer [...]

Sorry, It’s Not Your Inheritance … Yet!

Irene C. Olszewski, Esq. | April 9, 2012

A few weeks ago, I overheard a conversation between two guys who appeared to be in their early forties.
“Since my father retired,” the first guy said, “my parents are spending money like water.”
“I know what you mean,” said the second guy, “mine are doing the same thing.”
“They just bought a huge RV bus that cost [...]

Is it Time to Update Your Will?

Irene C. Olszewski, Esq. | April 4, 2012

Assuming you already have a valid Last Will and Testament, when should you update the document?   If you have a Will, read on.  If not, call your lawyer and have one drafted.
In general, your Will should be updated if you marry or divorce.  Your present Will may not reflect your intentions accurately.  For example, while [...]

Post-Divorce Estate Planning

Irene C. Olszewski, Esq. | March 19, 2012

Divorce can be a trying and emotional experience.  In the aftermath, it’s important to re-group and put your house in order, so to speak.  While recent divorced people are busy trying to start life over as a single person, there are many things they have to remember to do.  Revising their estate plans should be [...]

Leaving Your Passwords and Other Important Information for Your Loved Ones

Irene C. Olszewski, Esq. | December 15, 2011

Whether we like it or not, we are all going to meet our demise one day.  I’m not particularly looking forward to it, mind you — but I know that I have to think about it in practical terms because it will most certainly affect those I leave behind.  The emotional component aside, when I [...]

Unmarried Cohabitating Couples Should Consider a Last Will and Testament

Irene C. Olszewski, Esq. | December 12, 2011

There a as many reasons for committed couples not to marry as there are in favor of marriage — and those reasons are completely personal.  Some couple report that they don’t believe that ‘a piece of paper’ makes their relationship any more valid than it already is to them.  Others have said that they forgo [...]

Executor Versus Administrator: What’s the Difference?

Irene C. Olszewski, Esq. | September 30, 2011

The average person finds most legal terms confusing and I certainly understand why.  Two of the most commonly misunderstood legal terms in the probate world are executor and administrator.  I’ll attempt to clarify the terms for you here.
When a person dies leaving a Last Will and Testament, they have designated a person (or persons)within that [...]

Heiress Leaves Huge Fortune to Her Nurse and to the Arts

Irene C. Olszewski, Esq. | June 24, 2011

Huguette Clark died in May at the ripe old age of 104.   She was the daughter of former Montana senator, William Clark, who amassed his fortune in the Montana copper mining industry. According to Clark’s will, the heiress has left $300 million to create a foundation for the purpose of fostering and promoting the [...]

Election of a Statutory Share of Decedent’s Estate for Surviving Spouses

Irene C. Olszewski, Esq. | May 13, 2011

When a person has a Last Will and Testament prepared, he or she (known as the Testator or Testatrix) may dispose of real estate and personal property in any way they wish; however, this is subject to the limitations of a spousal elective share and a family allowance.
If your spouse dies leaving a Will that [...]

Why Do I Need a Will?

Irene C. Olszewski, Esq. | April 12, 2011

A Will (Last Will & Testament) is a legal document that directs how your estate (personal possessions, money, real estate) are distributed after your death.  It’s an important document because it allows you final control over the things in your life that you worked so hard to acquire.
I’ve posted on the topic here before but [...]