Estate Planning, Probate & Elder Law Attorneys

» Nostalgia Sells
The oldies but goodies of baby boomers are all the rage.

» More on Amending Probate Papers

Just a follow-up/clarification on this post from a month ago. It may be implied in the post, but in an intestate case (that is, where the decedent left no Will), all that's needed is a petition to amend heirship and a new affidavit of heirship.

I would also add that a lot of the difficulty and expense (in terms of time and money) in amending can be addressed at the beginning of the process. The attorney should explain to the client what an heir is, and the client should be able to get the attorney a list of all of the decedent's heirs, with full names and addresses (and, if possible, telephone numbers).

»  In Pictures: Seven Smart Ways To Save
With tax season fast approaching, there's never been a better time to consider opening a tax-favored savings account.

» More on the Referral Problem -- ADR

I spoke yesterday about the potential conflict of interest that arises when a third party (like a financial planner or accountant) refers a lot of business to an estate planner. A similar, but perhaps more serious, problem arises in the context of alternative dispute resolution (ADR) and referrals.

More and more companies make their employees and/or customers sign documents stating that disputes will be settled through the ADR process. That's fair on its face, but as a practical matter, I have some questions about how this works. There are only so many ADR professionals out there -- how is the person who will handle the mediation and/or arbitration chosen? If the person is chosen by the company, then we've got a problem -- if I'm referring 100 cases a year to Bob's ADR Shop, aren't I going to be monitoring closely the outcome of those cases? And aren't I going to hire someone else if I find that Bob's ADR Shop isn't favoring my company as much as I'd like?

Carried to its logical extreme, you get situations like the one detailed in this article (thanks, Tim), about the National Arbitration Forum

»  Easing Your AMT Pain
An increasing number of middle-income taxpayers are finding themselves paying AMT. Here are some tips for reducing the tax.