It’s often said that art imitates life. If that’s true of the popular movie, I Care a Lot, life can get pretty scary in the world of conservators and conservatorship. Conservatorship is designed to protect a person who has, for any number of reasons, become incapable of managing his or…
It’s not surprising that people are often confused by the terms “guardianship” and “conservatorship.” Usage of these terms varies from state to state, and multiple levels can apply in either case. We hope this quick overview will help set the record straight about when and how these terms apply according…
The subject of many a soap opera plot and even some films (like Rian Johnson’s 2019 sleeper hit, Knives Out), undue influence can be a fascinating way to explore family dynamics. But, it’s a little more nuanced than Hollywood makes it out to be – and a little less entertaining…
As if losing a parent wasn’t hard enough, that loss often comes hand in hand with the very real potential for life-changing sibling rivalry over the inheritance. In fact, disagreement over whether an inheritance has been divided fairly is the number one cause of adult sibling rivalry. At the root…
When you are putting your estate plan together, one of the advance directives you will want to create is a Designation of Conservator. It is probably something you haven’t thought about, or maybe even knew it existed! But it is really important. What is this Designation of Conservator? …
By Carmine Perri Recently, I came across an email that listed 45 synonyms for “old” and “old fashioned.” In reviewing the 45 word list, I got to thinking more about the consequences of the meaning of each of these words. As an example, what jumps to mind when I write the word…
Contrary to popular belief, a Will or Last Will and Testament, isn’t always written in stone. Quite frequently, disputes arise over the contents of a Will and the parties who are at odds must seek outside help to resolve the issues. Because there are often conflicts of interest around such…
By Carmine Perri Because of my practice area, probate and elder law litigation, I oftentimes find myself in either the courtroom or the hallway with a client fielding this all too common question: “What could we have done to avoid all of this?” You probably have an estate plan which…
This is the first in a two-part series about the realities of and remedies for sibling rivalry over family inheritance. The 2nd part in the series “How to Keep the Kids from Fighting Over Their Inheritance” provides tips on how to avoid these kinds of conflicts. “Mom always liked you best,”…
By Carmine Perri With Thanksgiving behind us and other holidays quickly approaching, most of us are now in full holiday swing. Maybe it is simply the time of year where the word “expectation” is bouncing around in my mind. With these holidays, we must at least consider the notion that…