Attorney John Roth explains what incapacity means in a legal sense. The mental capacity to handle your own affairs may decline over your lifetime or you may temporarily become incapacitated, where someone may have to help you make decisions and do things, such as pay bills.

A Durable Power of Attorney is one of the basic estate planning documents that appoints another individual to act as your agent on your behalf, during your lifetime.  John explains the uses and requirements for setting up a Durable Power of Attorney. 

If you own an asset jointly with someone with rights of survivorship and one of you dies, the surviving owner gets 100% of that asset. It doesn't matter what a Will or Trust says, they automatically get the bank account or piece of property that was held jointly with rights of survivorship.

If you've ever opened a retirement account when starting a new job, you've probably already filled out a designated beneficiary provision. But how do those designated beneficiary provisions actually work? Attorney John Roth explains how they're more powerful than you might think.

What is a Will? It's the most commonly used estate planning document, but how does it work?

Do you know the difference between Estate Planning and Estate Administration? Both are crucial to make sure your wishes are carried out after your lifetime. 

So you did the hard part and made your Estate Plan, but how long is a Will, Trust, Power of Attorney, and Advance Healthcare Directive good for? Attorney John Roth answers the tricky question: When should I update my Estate Plan?

Estate planning is the process of putting together a plan, which will allow someone to step into your shoes to manage your assets in the event of your incapacity and carry out your wishes after your lifetime.

we're turning a new leaf with the "Just Ask John" video series. We'll still answer your estate planning questions, just by video

Without proper planning, a person’s dog, cat, or other non-human companion might end up in a shelter where they...

There are many reasons for setting up a trust. The most common is to provide for the transfer the property at the time of your death. In such cases, the trust takes the place of a will, which is why this kind of trust is often called a will-substitute. People who use a trust...

People who want to support the work of their favorite charity often make one last gift, at the time of their death.  Many use a will substitute to do so...

Your Estate Plan provides the proactive legal framework for what will happen to your assets after your potential incapacity or death.  Letters of Instruction and Ethical Wills are not legally binding, but add a personal touch that can add heartfelt meaning to your Estate Plan, beyond the pages of legalese. 

The old expression, “you can’t take it with you,” applies to debts as well as assets.  Debts usually must be paid by the executor of the decedent’s probate estate or a successor trustee, using funds from...

I generally believe in open communications, but the best approach depends on individual circumstances.  What might be ideal for one family could be disastrous for another.

My father has taught trusts and estates for more than forty years.  When teaching law students law applicable to disputes over a decedent’s bodily remains, he sometimes jokes about feeling...

The best plan for a particular person will reflect that person’s unique circumstances and give that person peace of mind.  People sometimes talk about wills, trust documents, powers of attorney, advanced healthcare directives, and other legal documents as though such documents comprise an estate plan.  Legal documents are simply the tangible part...