Jeffrey Asher was quoted at Realtor.com, a National Association of REALTORS company, on the 7 Things Your Estate Planner Wants You to Know Before You Die.

Digital assets are many things: music, videos, medical records, tax documents, financial records, bank statements, photographs, whether stored on a computer hard drive, online, and/or in the Cloud. Digital assets can also include accounts on social media websites, such as Facebook, Twitter, LinkedIn, Pinterest, Tumblr, or Instagram. Digital assets are also email accounts, such as at Gmail, Yahoo, and Hotmail. Or accounts at online merchant websites, such as eBay, PayPal, and Amazon.

When someone asks you to serve as an executor of their Last Will and Testament, it is an important role that you need to take seriously. If you don't have experience as an executor, it is important to know what to expect. There are a few main facts to understand to ensure you're prepared and can avoid mistakes.

There are many complexities with estate planning that you have to navigate with the help of a legal professional. If you're planning on getting married, you may also be wondering how prenuptial agreements affect your estate planning. With the help of an attorney, you can discover how prenuptial agreements are a useful tool in estate planning.

The common (but not small) mistakes:

• Not marshaling all of the assets.

• Not determining all of the debt.

• Not disposing of all of the debt.

• Not paying the expenses on time, including the estate taxes owed by the decedent’s estate.

• Making distributions prior to the seven (7) months.

• Paying the decedent’s creditors without confirming the claim(s).

• Not heeding the concerns or needs of the beneficiary(ies) of the estate.

Whether you are called an executor or administrator, or anything in-between, your job is relatively the same. Marshal the assets of the estate, pay the legitimate claims of the decedent, dispose of the illegitimate claims against the decedent, distribute the net estate pursuant to the terms of the dispositive instrument (e.g., the Will) and/or state law (e.g., in the event there is no Will), as the case may be, prepare the necessary estate tax return(s), and file an inventory with the court.

My mom’s health is failing rapidly. What should I do to get ready to handle her decisions in the event she becomes mentally incapacitated?

If you own real estate in more than one state (New York and Florida, for example) you may need to probate your Will or administer your estates in each state.

What is a Living Trust? A Living Trust (not to be confused with a Living Will) is an estate planning legal document that is similar to a Will, but accomplishes more than just passing out your assets upon your death.

American Bar Association, Senior Lawyers Division Magazine,

The agent under your Power of Attorney is a Very Important Person. Their job is to make your financial decisions in the event you are unable to make your own financial decisions because of an incapacity or otherwise. Your agent may be the person who has to pay your bills in the event of your absence or your incapacity,

What role does life insurance play in estate planning?
Life insurance can play a tremendous role in estate planning. For example, life insurance can provide liquidity to pay off the mortgage after the death of one of the spouses. Sometimes called “mortgage insurance”, life insurance can help ensure that the surviving spouse won’t have to deal with the mortgage, or other expenses, following the death of a spouse.

Long-term care (LTC) insurance is becoming more and more vital to getting quality long-term care for ourselves and our loved ones when it is needed most.

You could, but you should not.

The problem with online forms, and any other form of online estate planning DIY, is that (a) they are not likely prepared with the review of a qualified estate planning attorney, and (b) they are not likely state-specific.

Medicaid is an extremely complicated yet valuable program that can provide health care services to a senior living at home, in an Assisted Living Facility, or in a Skilled Nursing Facility. We meet with many families who have tried unsuccessfully, or are in the process of applying for Medicaid, who require guidance in order to receive Medicaid approval.

A Power of Attorney serves a useful function, when used appropriately. When used appropriately, the Power of Attorney is a wonderful tool to make sure your property, financial, and/or legal decisions are made effectively and efficiently by the person you trust and who will be responsible for making these important decisions.

Without proper planning, health care decisions may not be made during critical periods of mental disability, financial decisions may not be made when they are most needed, assets may not be distributed to intended loved ones, your assets may be lost to pay for the costs of long-term care, and Will provisions may not be respected and followed.

The importance of having a will to ensure you still have full control of all your assets