Estate Planning Case Study: Updating Wills and Legacy Due to Changed Circumstance
Client BackgroundCharles and Michelle had previously undertaken comprehensive estate planning ten years earlier, which included the creation of wills, durable powers of attorney, and health care proxies. However, as circumstances evolved, they recognized the need to make significant changes to their estate plan. Their motivation stemmed from Charles' upcoming surgery, prompting them to seek immediate updates before that date.
Charles and Michelle's foremost request was to invalidate, revoke, or override their existing wills, as many of the conditions had changed since their existing documents were signed. Key changes included:
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ConclusionCharles and Michelle's estate planning journey reflected their commitment to ensuring their legacy was updated to align with their current circumstances and priorities. The extensive modifications to their estate plan, including the revocation of previous wills and cancellation of a Supplemental Needs Trust, ensured that their wishes were accurately reflected.
Their new inheritance wishes, as outlined in the codicil, were seamlessly incorporated into their estate plan. The appointment of Michelle as the Personal Representative (PR), followed by her nephew and niece as secondary options, highlighted their meticulous planning to ensure the smooth administration of their estate. This case study underscores the importance of periodically reviewing and updating estate plans to adapt to changing life circumstances and priorities. Charles and Michelle's story exemplifies their dedication to securing their legacy in a manner that aligns with their current family dynamics and financial situation. |
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Emily Smith-Lee is the owner and founder of slnlaw. She is a 1996 graduate of Boston College Law School. She was previously a partner at the Boston office of a large international firm, where she worked for thirteen years before starting the firm that became slnlaw in 2009. She has been recognized as Massachusetts Superlawyer each year since 2013, and in 2018 earned recognition as one of Massachusetts Lawyers Weekly's Lawyers of the Year.
Jenna Ordway: Jenna is a 2013 graduate of Quinnipiac Law School, and also earned an LLM in Taxation from Boston University in 2015. She has been affiliated with slnlaw since 2011, first as a law clerk and then as an attorney. Jenna has been recognized since 2019 as a "Rising Star" by Massachusetts Superlawyers. Jenna wrote a book on estate planning: The Road to Peace of Mind: What You Need to Know About Estate Planning. Jenna has helped many individuals and families with planning to protect their legacies and loved ones, and planning for the future and succession of their businesses.
Sharleen Tinnin: Sharleen is a 2010 graduate of Northeastern University School of Law, and earned her LLM in estate planning from Western New England Scool of Law in 2016. She has been with slnlaw since 2023. Prior to joining slnlaw, she worked with King, Tilden, McEttrick & Brink, P.C. on complex civil litigation matters. She previously worked for the United States Department of Justice, and received an "Excellence in Justice" award in 2017. Sharleen has helped many clients with planning for their legacies and their future, and navigating the probate process in Massachusetts after the death of a loved one.
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