About that Missing Grant Deed…
If you have worked with me in the past about your estate planning, and if you own a house, you will recall that one of the first pieces of information I ask for from any new client is a copy of their Grant Deed. What is a Grant Deed? It’s the 1-3 page document that was signed by the previous owner, to you, when you bought your house. It was recorded with your County Recorder, and it was mailed directly to you a few weeks after purchase of the house was complete. A Grant Deed tells exactly how you took title, whether it was you alone or you with a spouse, whether you used middle names or...
Read MoreWhen Should I Review and Amend My Documents?
Fall Greetings! I hope you all are faring well during these difficult times. There are a number of questions that people ask me often. This year, I am often asked if I am still open for business. Yes, I have worked full time throughout the year. Since March, I have been working mostly from home and meeting clients only by phone and on-line. Early into the pandemic, I converted all of my systems to be able to work remotely. So if you’ve been hesitating to contact me, please know that I am fully available. The other question that I often receive is this: when is it time to review and amend...
Read MoreA Message from the Law Offices of Sara R. Diamond
Greetings! During this critical time period, I am continuing to meet with clients by phone and also by email. Please feel free to let me know if you’d like to schedule an appointment by phone. Or email me to let me know about your estate planning needs. As soon as possible, I’ll let people know when we can meet again in person. Now is a good time to calmly review and update one’s estate planning documents. We want to minimize the things we’re worrying about. If you know someone who has not yet prepared themselves with estate planning, please consider referring them to me. I appreciate...
Read MoreA Will or a Trust?
Very often people do not know whether they need a Will or a Trust. The answer is usually: both. Most people are familiar with what a Will is. It’s a simple document, handwritten or printed on fancy paper, that says who will inherit what you own after you die. If you have children under the age of eighteen, a Will is where you may nominate the people you would like to take care of your children as Guardians appointed by a Judge, if you die before the children are adults. That’s it. A Will does nothing to address a myriad of issues and needs if you ever become incapacitated due to illness,...
Read MoreWho’s the Client?
Joseph and Janet are siblings who contacted me recently about amending their mother’s trust. Whenever I get a call like this, I wonder what is going on. It’s fine for an adult child to call an attorney,arrange for an appointment and even transport an elderly parent to my office. But we have an important concept in estate planning called: “who’s the client?” It’s the elder, not the rest of the family. We meet first alone with the elderly client. The reason is that we have to make surean elderly client is capable of stating, in their own plain words, what they are trying to do with their...
Read MoreHe Already Had a Fine Estate Plan, but…
Greg was a new client of mine this year. He should not have needed to come in but he did. In 2002, he had made a perfectly fine trust-based estate plan with another local attorney. It had a pour-over will, a power of attorney, and his attorney had retitled his home in his name as trustee of his trust. There was just one problem. Greg had not followed his lawyer’s instructions about making copies of his documents for his successor trustees, agents and executors. And, he had lost his original documents. He called up his old lawyer and found that the phone number was no longer in service. He...
Read More