When to Call A Lawyer

One lawyer's opinion on when to hire a lawyer.

When to Update an Estate Plan

A recent Forbes article written by Deborah L. Jacobs serves as a helpful reminder as to when one may want to consider updating an existing estate plan:

These documents, along with the rest of your estate plan, should be reviewed at least every five years–more often if there is a change in the law, your finances or personal circumstances. The following important developments may require action on your part.

Estate Planing: Selecting A Guardian for Your Children

Choosing a guardian for one's children is but one consideration and purpose of estate planning. According to Forbes, Beastie Boy Adam Yauch, who died in 2012, and his wife, struggled with the issue and reached what appears to have been a compromise solution. Because Yauch and his wife used a trust in their estate planning, most of the rest of the details of their estate plan remain private.

"A guardian’s responsibilities range from the mundane to the monumental: everything from tying shoelaces and drying tears to selecting schools and medical care. Like Yauch, you should designate more than one person, so if your top choice is not available, your second preference is clear.

While you’re at it, you’ll probably want a testamentary trust (one created by your will at your death) to hold any assets you’re leaving minor children. In some states, if you have not made arrangements for both functions, the court will appoint a separate person to deal with the child’s money."

Yauch's will also purports to prohibit the use of his image or music in advertising, but portions of these provisions he handwrote into his will may not be valid.

Social Media Accounts After Death

As people's online personas become an increasingly important part of their lives, families and friends are encountering confusion and frustration in trying to manage the Facebook, Twitter and email accounts of their deceased loved ones.

State probate laws, which govern how a deceased's next of kin or estate executor can access things like property and bank accounts, generally weren't designed with today's online lives in mind. So, lawmakers in several states—including Nebraska and Oklahoma—have tried in recent years to tackle the complex question of who can manage the online presence of the deceased, and what legal authority they should have. ....

But legal experts say that the terms of service users must agree to when they sign up with social-media sites, which typically dictate what happens to an account after the user dies, could take precedent over the state laws. An Oklahoma lawmaker involved in legislation on the topic says the risk is creating laws that are "toothless."

Facebook, for example, has extensive user agreements and privacy policies that cite various state and federal laws, including the federal Electronic Communications Privacy Act, which generally forbids it from "providing access to any person who is not an account owner." ....

Deaths Pose Test for Facebook by Steve Eder, Wall Street Journal, February 11, 2012