EXECUTOR 102: WHAT DO I DO NOW?

EXECUTOR 102:  WHAT DO I DO NOW?

By Timothy S. Barkley, Sr. October 2017. Uncle Herman has just died, and you have been duly selected as the Executor of his Last Will and Testament.  Hopefully, you were forewarned.  Congratulations. You must marshal, preserve, and distribute the assets of the Estate in accordance with the terms of the Will and the Law; and treat creditors, beneficiaries, and the taxing authority impartially.  This can be no small feat.   If you are also a...

Read More

EXECUTOR 101: SO YOU’RE AN EXECUTOR

EXECUTOR 101:  SO YOU’RE AN EXECUTOR

By Timothy S. Barkley, Sr. September 2017. You have just been notified that you are the executor of your uncle’s will – the uncle whose funeral you attended yesterday. Or, he didn’t die yet, but he confided that fact at the latest family gathering on the occasion of your parents’ golden anniversary. Or, perhaps you’re the uncle trying to decide on who to bestow that signal honor, as you rewrite your will after the...

Read More

THEIRS

THEIRS

Theirs.  March 2017 By Timothy S. Barkley, Sr. Pleasantries over, they addressed the issues at hand. “We’ve decided” she said, “half to his kids and half to mine. So, because he has 2 kids and I have 3, but one is both of ours, it should be 5/12 to Gavin, 25% to his son, and 1/6 to each of my two from my first marriage.” “That’s right,” he affirmed. “But my son is getting my 401(k), so that’s his 25%.” “Whoa!” interrupted the lawyer. “I’m just...

Read More

US’NS

US’NS

Us’ns.  February 2017 By Timothy S. Barkley, Sr. “Let’s start with your retirements,” the attorney continued from last week’s article (available online at http://barkleylaw.com/his-hers-and-ours-0117) … “Do you have a prenup?” The clients shook their heads. “I’m not a fan of building escape hatches into marriages,” the attorney confided, “but if you’ve agreed about things like 401(k)s and IRAs, it’s good to put those agreements in writing. That...

Read More

PROBATE AVOIDANCE ON A BUDGET

PROBATE AVOIDANCE ON A BUDGET

Probate Avoidance on a Budget. December 2016. [As published in Frederick’s Child] We shook hands and sat down. “Now, if I understood you correctly when you called to set the appointment, you are here to talk about wills.” “Well,” ventured the husband, “wills or trusts – I’m not sure what we need. We hear a lot about trusts.” The wife nodded. “My brother has a trust and says everybody should have one.” The lawyer pondered. “Trusts are a...

Read More