Blog Post

The Vital Role of Ongoing Conversations with Your Estate Planning Lawyer

  • By sjoiner
  • 22 Jan, 2024
Estate planning is not a set-it-and-forget-it affair; it's a dynamic process that evolves with your life’s changes. In 2024, as we face rapid advancements in technology, changes in tax laws, and shifts in social norms, the need for regular updates to your estate plan has never been more critical. A key component of ensuring your estate plan remains relevant and robust is maintaining an open line of communication with your estate planning lawyer. Our team at Nash Law Firm always likes to emphasize the importance of asking us questions about your estate as they come up. Here’s why these ongoing conversations are indispensable:

Life Changes: Major life events such as marriage, divorce, the birth of a child, or the loss of a loved one can significantly impact your estate planning needs. Regularly discussing these changes with your lawyer ensures your estate plan reflects your current circumstances and wishes.

Asset Fluctuations: The value and composition of your assets are likely to change over time. Significant acquisitions or disposals of assets, such as buying a home or selling a business, necessitate adjustments to your estate plan. Periodic reviews with your lawyer can help manage these changes effectively.

Tax Law Updates: Tax laws are constantly evolving, and changes can have profound implications on your estate. Staying in dialogue with your estate planning lawyer can help you navigate these changes, ensuring your estate plan is optimized for tax efficiency and compliance.

Emerging Technologies and Digital Assets: As digital assets become increasingly significant, it's vital to discuss with your lawyer how these assets are integrated into your estate plan. Regular consultations can help address the challenges and opportunities presented by digital currencies, online businesses, and social media accounts.

Healthcare Directives and Powers of Attorney: Your preferences for medical care and your choice of individuals to make decisions on your behalf may change. Discussing these documents periodically with your estate planning lawyer ensures they accurately reflect your current health care wishes and power of attorney designations.

Beneficiary Designations: Beneficiary designations on accounts like life insurance policies and retirement accounts should be reviewed regularly. Changes in relationships or beneficiary circumstances may necessitate updates that your lawyer can help you manage.

Trusts and Wills: Trusts and wills may need adjustments in response to changes in your personal life, asset structure, or the legal landscape. Regular reviews with your lawyer can ensure these crucial documents remain effective and aligned with your goals.

Peace of Mind: Knowing that your estate plan is up-to-date and reflective of your current situation can provide immense peace of mind. Regular conversations with your estate planning lawyer can reassure you that your legacy and loved ones are protected.

We encourage our clients to view estate planning as an ongoing process rather than a one-time transaction. By asking questions and discussing changes in your life and the law, you ensure that your estate plan remains a true reflection of your wishes and is prepared to protect your legacy against any future uncertainties. Ready to review your estate plan or discuss new developments in your life? Contact us at Nash Law Firm today to schedule a consultation. Let's make sure your estate plan continues to work for you, adapting and evolving just as your life does.
By sjoiner 28 Apr, 2024
Selling a property after the death of a loved one is a task that involves several legal steps to ensure that the process is conducted smoothly and in accordance with the law. This often sensitive undertaking can be overwhelming, especially during a time of grief. Understanding the legal steps involved can help ease the burden and ensure that the property sale honors the wishes of the deceased.

Probate and Legal Authority

The first step in selling a property after a loved one's death is to determine whether the estate must go through probate. Probate is the legal process through which a deceased person's will is validated, and the executor is granted the authority to manage the estate's assets. If the property is part of the deceased’s estate and needs to go through probate, the executor or administrator must be formally appointed by a court.

Clearing the Title

Before a sale can proceed, the property’s title must be cleared. This means ensuring there are no liens, disputes, or other encumbrances on the property. An attorney can help perform a title search and resolve any issues that may arise, such as outstanding mortgages or tax liens.

Market Appraisal

Getting a professional appraisal of the property is important to establish its fair market value. This not only helps in setting a realistic selling price but also ensures that all beneficiaries receive their fair share of the estate, as determined by the will or state law.

Sale Process

Once the legal authority is established, the title is cleared, and the property is appraised, it can be put on the market. The executor needs to work with real estate professionals to market the property effectively and negotiate terms with potential buyers.

Distribution of Proceeds

After the sale, the proceeds need to be distributed according to the will or the laws of intestacy if there is no will. This is typically handled by the executor, who must ensure that all debts and taxes of the estate are paid before distributing the remaining assets.

Selling a property after the death of a loved one is complex and can be emotionally taxing. Nash Law Firm is experienced in handling these sensitive matters with the utmost respect and professionalism. Contact us for a free consultation to learn how we can help you navigate this difficult process.

DISCLAIMER:The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information. This website contains links to other third-party websites. Such links are only for the convenience of the reader, user or browser; the Nash Law Firm does not recommend or endorse the contents of the third-party sites.
Readers of this website should contact their attorney to obtain advice with respect to any particular legal matter. No reader, user, or browser of this site should act or refrain from acting on the basis of information on this site without first seeking legal advice from counsel in the relevant jurisdiction. Only your individual attorney can provide assurances that the information contained herein – and your interpretation of it – is applicable or appropriate to your particular situation. Use of, and access to, this website or any of the links or resources contained within the site do not create an attorney-client relationship between the reader, user, or browser and website authors, contributors, or Nash Law Firm.
By sjoiner 21 Apr, 2024
Estate planning is crucial for ensuring that your assets are distributed according to your wishes after you pass away. For blended families, this process can be particularly complex, given the dynamics involved with stepchildren, multiple marriages, and various biological relatives. An estate plan tailored for a blended family setup can help prevent potential conflicts and ensure that all members of the family are treated fairly according to the wishes of the estate holder.

Understanding the Unique Needs of Blended Families

Blended families often face unique challenges in estate planning because assets might need to be distributed in a way that takes into account previous marriage agreements, the welfare of minor children from different marriages, and the expectations of multiple parties. A detailed and clearly communicated estate plan can help clarify these intentions and ensure that no member of the family feels overlooked.

Use of Trusts

Trusts are a particularly useful tool in estate planning for blended families. They allow the estate holder to specify exactly how, when, and to whom assets should be distributed. This can be especially important for ensuring that children from different marriages receive their fair share of the estate according to the parent's wishes, potentially over an extended period of time.

Guardianship Considerations

In blended families, determining guardianship for minor children in the event of the death of a parent can be a sensitive issue. An estate plan allows you to specify guardianship preferences, which is crucial for the children’s stability and security. It also helps prevent contentious court battles, which can arise if a clear guardian is not designated in the estate plan.

Regular Updates

Given the dynamic nature of family relationships, it is important for blended families to regularly update their estate plans. This includes after events like marriages, divorces, births, and deaths within the family, all of which can affect the distribution of the estate.

In conclusion, estate planning for blended families requires careful consideration and sensitive handling to address the unique needs and potential complexities involved. Nash Law Firm understands these challenges and is here to help. Contact us for a free consultation to discuss how we can assist you in creating an estate plan that safeguards your family’s future.

DISCLAIMER:The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information. This website contains links to other third-party websites. Such links are only for the convenience of the reader, user or browser; the Nash Law Firm does not recommend or endorse the contents of the third-party sites.
Readers of this website should contact their attorney to obtain advice with respect to any particular legal matter. No reader, user, or browser of this site should act or refrain from acting on the basis of information on this site without first seeking legal advice from counsel in the relevant jurisdiction. Only your individual attorney can provide assurances that the information contained herein – and your interpretation of it – is applicable or appropriate to your particular situation. Use of, and access to, this website or any of the links or resources contained within the site do not create an attorney-client relationship between the reader, user, or browser and website authors, contributors, or Nash Law Firm.
By sjoiner 14 Apr, 2024
Investing in real estate is a significant financial endeavor and, like any major investment, comes with its own set of risks and legal complexities. This is where the expertise of a real estate attorney becomes indispensable. Real estate attorneys like our team at Nash Law Firm provide crucial assistance in navigating the often-complex legal landscape of property investment, ensuring that your investments are secure and your interests are protected.

Legal Expertise and Risk Mitigation

A real estate attorney is equipped with the knowledge to identify legal risks in property transactions and the expertise to mitigate these risks. This includes performing due diligence to ensure the property does not have any legal encumbrances that could affect its value or future use. They can also handle legal disputes and litigation, should they arise, saving investors potentially significant amounts of money and time.

Contract Negotiation and Review

Contracts in real estate transactions are often dense and filled with legal jargon that can be difficult to understand. A real estate attorney will review and negotiate these contracts on your behalf, ensuring that the terms are fair and protect your interests. This can include negotiations on purchase prices, lease agreements, and terms of sale.

Regulatory Compliance

Real estate investments are subject to a myriad of local, state, and federal regulations. A real estate attorney helps ensure that your investment complies with all relevant laws, which can vary widely depending on the location and type of property. This is crucial not only for avoiding legal penalties but also for ensuring the smooth operation and profitability of your investment.

Closing Assistance

The closing process in real estate transactions involves a significant amount of legal paperwork and formalities. A real estate attorney plays a critical role in ensuring that all documents are correctly prepared and that the title transfer is legally binding. This includes resolving any last-minute disputes and ensuring that the property title is clear.

To sum things up, whether you’re a seasoned investor or just starting out, the assistance of a real estate attorney is invaluable in ensuring that your real estate investments are secure and profitable. If you’re venturing into property investment, contact Nash Law Firm for a free consultation to learn how we can assist you with your real estate legal needs.

DISCLAIMER:The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information. This website contains links to other third-party websites. Such links are only for the convenience of the reader, user or browser; the Nash Law Firm does not recommend or endorse the contents of the third-party sites.
Readers of this website should contact their attorney to obtain advice with respect to any particular legal matter. No reader, user, or browser of this site should act or refrain from acting on the basis of information on this site without first seeking legal advice from counsel in the relevant jurisdiction. Only your individual attorney can provide assurances that the information contained herein – and your interpretation of it – is applicable or appropriate to your particular situation. Use of, and access to, this website or any of the links or resources contained within the site do not create an attorney-client relationship between the reader, user, or browser and website authors, contributors, or Nash Law Firm.
By sjoiner 07 Apr, 2024
Wondering how you can avoid probate? Nash Law Firm Attorney Ben Williamson says "Think of estate planning like you’re trying to get in position to see the totality of the eclipse. If any part of your estate is not covered by your trust, you won’t be in the right position to avoid probate!

What is Probate?

Ben says: Probate is the long and expensive legal process that that your heirs must go through to access your estate if you don’t do some estate planning. It’s also the legal process that allows your creditors to get a share of
your estate before your heirs even see a dime. Keep in mind that Probate is designed for your creditors NOT for your heirs.

Does a Will keep me out of Probate?

Ben says: I like to call a Will a “Ticket to Probate”. A will is only useful if we are already in Probate Court. You really want to make sure your estate planning protects all of your assets from going to Probate in the first place. This can be
done with a trust, but it needs to be done correctly. Think of estate planning like you’re trying to get in position to see the totality of the eclipse. If any part of your estate is not covered by your trust, you won’t be in the right position
to avoid probate!

After I get a trust am I automatically protected from Probate?

Ben says: No, and I unfortunately see this a lot when people get their estate plans from online forms. When we prepare a trust, it’s more than just signing some paperwork. We need to make sure that your trust covers all of your
assets. Sometimes that comes in the form of deeding land you own to your trust, sometimes it means changing the ownership of an account you have to your trust, and sometimes it’s as simple as changing the beneficiary designation
of an account to your trust. The goal is to ensure ALL of your assets are within the shadow of your trust.

How do I make sure my trust will cover all of my assets?

Ben says: The first step is to work with an attorney who is familiar with Trust planning. At Nash Law Firm, we guide you through the process and meet with you regularly over the course of a month or two after your trust is signed
to make sure your assets are protected. Before visiting with us, take a moment to think about everything you own. Do you have accounts with multiple banks? What about your vehicles? Do you have a business? Do you have any land that
has been passed down through your family that you want to protect for future generations? After we know what you have to protect, we can help you achieve a totality of estate protection.

For more information on probate, be sure to check out Ben's recent interview on THV11's The Vine: https://bit.ly/3vI3sIr

DISCLAIMER:The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information. This website contains links to other third-party websites. Such links are only for the convenience of the reader, user or browser; the Nash Law Firm does not recommend or endorse the contents of the third-party sites.

Readers of this website should contact their attorney to obtain advice with respect to any particular legal matter. No reader, user, or browser of this site should act or refrain from acting on the basis of information on this site without first seeking legal advice from counsel in the relevant jurisdiction. Only your individual attorney can provide assurances that the information contained herein – and your interpretation of it – is applicable or appropriate to your particular situation. Use of, and access to, this website or any of the links or resources contained within the site do not create an attorney-client relationship between the reader, user, or browser and website authors, contributors, or Nash Law Firm.



By sjoiner 21 Mar, 2024
When it comes to estate planning, a living trust is a must-have that many overlook. At Nash Law Firm, we often meet individuals who have heard of living trusts but haven’t fully understood their significance. A living trust, in essence, is a legal document that places your assets into a trust for your benefit during your lifetime, with the remainder passing to your designated beneficiaries upon your death.

So, why should a living trust be on your radar? Firstly, it offers unparalleled privacy and efficiency. Unlike a will, which goes through the public spectacle of probate, a living trust sails smoothly, transferring assets to heirs without the prying eyes of the public. This means less stress for your loved ones during a time of grief.

A living trust also grants you control. Even in the event of incapacitation, your wishes regarding how your assets are managed and distributed remain intact, thanks to the trustee you’ve appointed. It’s like having the captain of your ship navigate through storms without losing direction.

Finally, consider the flexibility. Life is unpredictable, but a living trust adapts. It can be revised as your circumstances change, ensuring your estate plan mirrors your current life stage and desires.

At Nash Law Firm, we believe in crafting estate plans that fit like a glove. A living trust might just be the perfect fit for you. Contact us today to get started on your estate planning. 
By sjoiner 12 Mar, 2024
Nash Law Firm is on the lookout for a new team member to help us continue providing top-notch legal services.  We have an opportunity for a paralegal specializing in estate planning and probate.

This role is ideal for someone who thrives in a fast-paced environment, has a keen eye for detail, and possesses excellent organizational skills. Our ideal candidate is someone who not only has significant experience in estate planning and probate but also brings a proactive approach to their work, ensuring clients receive the best possible service.

At Nash Law Firm, we pride ourselves on a collaborative and supportive work culture, where each team member's contributions are valued and recognized. If you are looking for a rewarding career move and are ready to make a significant impact, we would love to hear from you.

Interested? Email your resume to connie@maumelleaw.com. Join us and become a part of a dynamic and growing team at Nash Law Firm.
By sjoiner 05 Mar, 2024
At Nash Law Firm, we understand that planning for the future is a vital step in securing peace of mind for you and your loved ones. That's why we're excited to announce our upcoming Estate Planning Seminars, designed to guide you through the intricate process of estate planning, ensuring your wishes are met and your future is secure.

Mark Your Calendars!

North Little Rock
- Date: Monday, March 18th
- Location: Red Lobster, North Little Rock
- Session Times: 12:00 PM & 5:30 PM

Little Rock
- Date: Wednesday, March 27th
- Location: Red Lobster, Little Rock
- Session Times: 12:00 PM & 5:30 PM

Our seminars offer a unique opportunity to learn more about the essentials of estate planning, including wills, trusts, powers of attorney, and healthcare directives. Whether you're just starting to think about your estate plan or looking to update existing documents, these sessions are tailored to provide valuable insights and answers to your most pressing questions.

Why Attend?
Estate planning is more than just drafting a will—it's about ensuring that your assets are protected, your health care wishes are respected, and your loved ones are provided for in the way you intend. Our seminars are designed not only to educate but also to empower you to make informed decisions about your future.

How to Reserve Your Seat
Spots are limited, and interest is always high for these informative sessions. To reserve your seat, please call us at (501) 851-0040. Don't miss this chance to take control of your future and gain the peace of mind that comes with a well-planned estate.

Remember, planning today can prevent uncertainties tomorrow. We look forward to helping you plan your future at our upcoming seminars.
By sjoiner 24 Feb, 2024
As we step into 2024, estate planning remains a crucial yet often overlooked aspect of financial health. At Nash Law Firm, we're here to guide you through the maze of estate planning with some key do's and don'ts that will help secure your legacy and ensure your wishes are honored.

Do: Start Now
The best time to plan your estate was yesterday; the next best time is today. Whether you’re starting from scratch or updating an existing plan, the earlier you start, the better. Changes in laws, family dynamics, and financial situations are inevitable, making proactive planning essential.

Don't: Underestimate Digital Assets
In today's digital age, your online presence—from social media accounts to cryptocurrency—plays a significant role in your estate. Ensure these assets are included in your estate plan, complete with access instructions and desired outcomes for each.

Do: Regularly Review and Update Your Plan
Life’s only constant is change. Major life events like marriages, divorces, births, and deaths can significantly impact your estate plan. Aim for a comprehensive review every two to three years or after any significant life change to ensure your plan remains aligned with your current wishes.

Don't: Go It Alone
Estate planning is complex and nuanced. Engaging with professionals at Nash Law Firm can provide you with the expertise needed to navigate the intricacies of estate laws, taxes, and more. Tailored advice can make all the difference in efficiently managing and protecting your estate.

Do: Consider the Emotional Impact
Estate planning is not just about assets; it's also about people. Consider the emotional and relational dynamics within your family when planning. Clear, open communication about your decisions can help prevent misunderstandings and conflicts after you're gone.

In 2024, let's approach estate planning with clarity, foresight, and the right support. At Nash Law Firm, we're committed to helping you protect what matters most—today, tomorrow, and for generations to come.
By sjoiner 14 Feb, 2024
Estate planning is a crucial step in securing your legacy and ensuring your loved ones are taken care of after you're gone. However, the process can seem daunting without a clear roadmap. That's where Nash Law Firm comes in. We've compiled an essential estate planning checklist for 2024 to help you navigate this important journey with confidence.

Inventory Your Assets: Begin by listing all your assets, including real estate, investments, retirement accounts, insurance policies, and personal property. Don't forget digital assets, which are increasingly significant in our digital age.

Review Your Family Needs: Consider the needs of your family, including guardianship for minor children, financial support for your spouse, and any special considerations for family members with disabilities.

Update Your Will: Ensure your will is up-to-date and reflects your current wishes. This document is foundational in estate planning, directing how your assets should be distributed.

Establish Trusts as Needed: Trusts can offer more control over how your assets are distributed and can help reduce estate taxes and avoid probate. Determine if setting up a trust aligns with your estate planning goals.

Designate Beneficiaries: Review and update beneficiary designations on retirement accounts, life insurance policies, and other accounts. These designations often supersede instructions in wills and trusts.

Create Powers of Attorney: Appoint someone you trust to manage your affairs if you become incapacitated. This includes a durable power of attorney for finances and a healthcare power of attorney.

Advance Healthcare Directive: Prepare a living will to outline your wishes for medical care in case you cannot make decisions for yourself.

Digital Assets Plan: Create a plan for your digital assets, including social media accounts, digital currencies, and online accounts. This should include access information for your digital executor.

Review Estate Taxes: Understand the potential impact of estate taxes on your estate and explore strategies for minimizing these taxes.

Consult with an Estate Planning Attorney: Estate planning laws and strategies are complex and can change. Consult with our team at Nash Law Firm to ensure your plan is comprehensive and tailored to your unique situation.

Estate planning is not a one-time task but an ongoing process. By following this checklist, you can take proactive steps to secure your legacy and provide for your loved ones. Ready to get started or update your estate plan? Contact Nash Law Firm today to ensure your estate planning needs are expertly addressed.
By sjoiner 09 Feb, 2024
Veterans have served their country with honor, and when it comes to estate planning, there are unique considerations and benefits that they should be aware of. At Nash Law Firm, we recognize the importance of tailoring estate planning to address the specific needs of veterans. Here are some key aspects veterans should consider in their estate planning process in 2024.

Understand Your Benefits: Veterans are entitled to a range of benefits that can impact estate planning, including disability compensation, pensions, and burial benefits. Ensure you understand how these benefits work and how they can be integrated into your estate plan.

Veterans' Trusts: Consider establishing a veterans' trust to protect your assets and ensure eligibility for veterans' benefits, such as the Aid and Attendance benefit, which can help cover the cost of long-term care.

Update Service Documents: Keep your DD Form 214 (Certificate of Release or Discharge from Active Duty) and other service documents in a safe, accessible location, as these are critical for accessing veterans' benefits.

Specialized Healthcare Directives: Veterans may have healthcare needs related to their service. It's important to have a healthcare directive that addresses these specific needs and ensures that your healthcare preferences are followed.

Benefit Coordination: Coordinate your veterans' benefits with other aspects of your estate plan, such as life insurance, to optimize your estate's value and the benefits available to your heirs.

Review of Survivor Benefits: If you have dependents, review the Survivor Benefit Plan (SBP) and Dependency and Indemnity Compensation (DIC) to understand how your family can continue to receive benefits after your passing.

Consider Burial and Memorial Benefits: Veterans are entitled to burial in a VA national cemetery and a grave marker. Planning for these benefits in advance can relieve your family of the burden during a difficult time.

Estate planning for veterans requires a careful consideration of benefits and unique needs. At Nash Law Firm, we are committed to helping veterans navigate these complexities, ensuring that their service and sacrifices are honored in their estate plans. If you're a veteran looking to start or update your estate plan, contact Nash Law Firm today. Our expertise in veterans' estate planning can help secure your legacy and provide peace of mind for you and your loved ones.




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