Amy's Angle

  Estate Planning 101: Wills vs. Trusts by Amy Clemmons Brown, Esq. Wills and trusts are two of the most commonly used estate planning documents, and they form the foundation of most estate plans. While both documents are legal vehicles designed to distribute your assets to your loved ones upon your death, the way in which they work is quite different. From when they take effect and the property they cover to how they are administered, wills and trusts have some key differences that you need to consider when creating your estate plan. That said, when comparing the two documents, you won’t necessarily be choosing between one or the other—most plans include both. In fact, a will is a foundational part of nearly every person’s estate plan. Yet, you may want to combine your will with a living trust to avoid the blind spots inherent in plans that rely solely on a will. As you’ll learn below, the biggest of these blind spots is the fact that if your estate plan only consists of a will, y...

  Legendary Rapper DMX Dies With No Will, Millions in Debt, and 15 Children—Part 2 by Amy Clemmons Brown, Esq. Legendary hip hop artist DMX—born Earl Simmons—passed away on April 9 at age 50 after suffering a massive heart attack a week earlier at his home in White Plains, New York. The heart attack was reportedly triggered by a cocaine overdose on April 2, which left the rapper hospitalized in a coma. After a week of lingering in a vegetative state, his family made the decision to remove him from life support.  As we reported last week in part one, although DMX was wildly successful in both music and movies, the rap icon experienced serious legal and financial problems, along with frequent issues with drug addiction throughout his career. Having fathered 15 children with nine different women, DMX’s money issues largely stemmed from unpaid child support, but he also failed to pay income taxes, and both of these issues would land the rapper in prison and rehab on more than one ...

  Legendary Rapper DMX Dies With No Will, Millions in Debt, and 15 Children—Part 1 by Amy Clemmons Brown, Esq. Legendary hip hop artist DMX—born Earl Simmons—passed away on April 9th, at age 50, after suffering a massive heart attack a week earlier at his home in White Plains, New York, w hich left the rapper hospitalized in a coma. After a week of lingering in a vegetative state, his family made the decision to remove him from life support. Despite selling more than 74 million albums and enjoying a wildly successful career in both music and movies, DMX, who died without a will, left behind an estate that some estimates report being millions of dollars in debt. Even though DMX likely died deeply in debt, just weeks after his passing, multiple members of his family, which includes 15 children from nine different women, petitioned the court seeking to become administrators of the late rap star's estate. While DMX’s estate may currently be in the red, his loved ones are presumably fig...

  Don't Forget To Protect Your Furry Family: Estate Planning For Your Pets by Amy Clemmons Brown, Esq. It’s sad but true that many pets end up in shelters after their owner dies or becomes incapacitated. In fact, the Humane Society estimates that between 100,00 to 500,000 pets are placed in shelters each year for exactly this reason, and a large number of these animals are ultimately euthanized. Unfortunately, the law considers pets to be nothing more than personal property just like cars, furniture, and electronic devices. So unless you take the proper steps to include your pet in your estate plan, your beloved companion could end up in a shelter or worse following your death or incapacity. In light of this cold reality, here I’ll detail how you can use estate planning to ensure your pets receive the best possible care when you’re no longer able to care for them yourself. Consult with me as your Personal Family Lawyer ® to put the proper legal documents in place to provide for yo...

Everything You Need to Know About Including Digital Assets In Your Estate Plan —Part 2  by Amy Clemmons Brown, Esq. Recent advances in digital technology have made many aspects of our lives exponentially easier and more convenient. But at the same time, digital technology has also created some serious complications when it comes to estate planning. In fact, if you haven’t properly addressed your digital assets in your estate plan, there’s a good chance that most of those assets will be lost forever when you die. Without the proper estate planning, just locating and accessing your digital assets can be a major headache—or even impossible—for your loved ones following your incapacity or death. And even if your loved ones can access your digital property, in some cases, doing so may violate privacy laws or the terms of service governing your accounts. Plus, you may also have certain digital assets that you don’t want your loved ones to inherit, so you’ll need to take steps to restrict...