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...

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...

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...

By Tim Barkley. October 2016. Last month’s offering to our readers considered the effect of the Inheritance Tax on folks without spouse, siblings or children as estate beneficiaries. This month’s article offers practical steps to ease the task of your surviving nieces, nephews, friends or other loved ones as they try to sort out your affairs. First, and most basically, be sure your estate planning documents are up-to-date, and that...

By Tim Barkley. September 2016. Estate planning is often discussed in the context of the “typical American family” – Mom, Dad and 1.8 happily adjusted children. But what if that’s not you? Planning for unmarried, divorced or widowed clients who have no children presents a special challenge to the planning professional, and requires ingenuity and resourcefulness to avoid the traps for the unwary. The parents of the “typical American...