The Law Offices of Everett G. Sussman

09/03/2026

Do Your Homework

As the school year begins, it is a good time to remember that estate planning often involves homework assignments.

I often meet with new clients who do not yet have all the answers, usually because they did not know the questions. They will tell me their choice for executor, but have not given any thought to a successor. Their children should not receive their entire inheritance at eighteen, but when should distributions be made? They want to donate to their church, but how much?

Estate planning includes homework. I send my clients home with an assignment, and their answers are incorporated into the finished project.

Help your estate plan go smoothly. Do your homework.

08/31/2026

"You Have the Right to Remain Silent" - Estate Planning Edition

Most people are aware of their right to remain silent during governmental, coercive questioning (sometimes referred to as "Miranda rights") - it gets a lot of exposure during criminal dramas on TV. Unfortunately, far fewer people seem to realize that you have the right to remain silent during estate planning.

Now, to be clear: I do not mean that you should keep any useful information or concerns from your attorney. Your job as a client is to tell your lawyer what you want to accomplish, and what you want to avoid. It is the lawyer's job to put that into the appropriate words and documents to achieve your goals.

No, I am referring to the desire of some clients to include, in detail, the reasons a loved one is not receiving anything from the estate. Statements like, "I am not giving Rob anything because he has ignored me for ten years," or "Arya will receive nothing from my estate because she married an idiot," may be true, but have no place in a will or trust. They will only serve to stir up trouble, and make the fiduciary's job harder.

On the other hand, statements such as, "I intentionally leave nothing in this Will to my son, John, because I have provided for him with life insurance," may help clarify the overall arrangement of an estate plan, to make things easier for the executor, and the probate judge.

So, you have the right to remain silent. Any thoughts? Respond in the comments.

08/27/2026

Keep It Simple, Witness

Probate hearings are designed to be quick and specific. Do you want to invalidate a will? Choose your legally authorized grounds to challenge (e.g. incompetency, forgery, undue influence, etc.), and present the evidence that supports your claim. The other side may present their evidence, and ask you questions. The judge may even ask questions.

Unless the circumstances warrant (a very rare situation, indeed), the judge does NOT want, or need, to hear all about what your brother was like as a child, how your sister never returns your calls, or how your step-mother is jealous of how well you cook.

Every probate attorney has had that client - the one who feels the judge "just needs to understand the entire situation." They don't. If the judge is confused about something, they are perfectly within their authority to ask questions. If they choose not to, it is because they do not need to. More to the point: if a judge interrupts, or cuts off testimony (e.g. "Ok, I think I understand what was going on in 2003"), fight the impulse of "I just have to explain one more thing."

Help the hearing move smoothly, and swiftly. The judge will appreciate it - and having a happy judge is always a good thing.

08/24/2026

The Surprise Party

Life is full of surprises. Accidents, changes in employment, unplanned family additions (or deletions), and more come from every direction, seemingly at the most random and damaging of times. Estate planning endeavors to eliminate, or at least minimize, the impact of life's surprises.

One of the primary purposes of trusts, wills, powers of attorney, and the like is to anticipate, and protect against, life's little surprises, to ensure that the damage is minimal.

Talk to your estate planning attorney (you DO have one, don't you?) soon, and find out how to protect against what the future may hold.

Don't let the probate court be turned into a surprise party.

08/20/2026

Who Don't You Love?

Last week, I met with a couple who were finally getting around to getting their estate planned (they've been meaning to do it for the longest time...). All was going well, until I asked one question: "Is there anyone who should be prevented from serving as guardian of your children?"

One spouse turned to the other, and said, immediately, "Oh, God - not YOUR mother!"

The fact is, estate planning is sometimes about more than protecting those we love. Sometimes, it includes protecting our loved ones AGAINST other people. Without a proper plan in place, the State decides who takes care of children, assets, and more. Needless to say, the State may not decide everything quite the way you would.

Get your estate plan updated, today - both for the people you want to protect, and for the people you want to protect them against.

08/17/2026

08/13/2026

Your Lawyer: the Negotiator

One of the many hats worn by a probate lawyer is that of a negotiator. There are two aspects: sometimes, the lawyer serves as an objective advocate, free of the emotional baggage that often complicates probate disputes. In this way, the lawyer can advocate on behalf of his client, in order to work with opposing counsel to arrive at a fair resolution.

The other aspect involves the lawyer counseling his client - providing a "reality check," when needed, to educate the client regarding possible outcomes, and opportunities. A client sometimes needs a trusted advocate to curb their worst impulses, and bring the conflict to a reasonable end.

When looking for an attorney to assist you with a probate conflict, look for one who is experienced, and skilled, in both aspects. This will maximize your chances of a fair, practical, and swift result.

08/10/2026

A Family Thing

Every family is different. In fact, the same family, given ten years, is different. This may seem obvious, but it has serious implications for estate planning.

Estate planning software (DIY) is designed to handle the most common, basic situations. It can only ask the questions it has been programmed to ask - and the non-lawyer (YOU) don't know all the questions you need to ask. As a result, the estate plan generated is insufficient - and your family is not protected.

Another problem is perception. Since every family is different, what works for your neighbor, may not work for you. Not everyone needs a living trust, or a life use deed, or some other estate planning tool. You need family-specific solutions.

Lastly, your family changes. Kids grow up, parents get old, friends move away, assets change. Keep an eye on your estate plan. If you can't remember exactly when you last updated it... it is time for a review.

Your estate plan should reflect the needs of your family, as it is, right now. If it does not, make an appointment.

08/06/2026

Thinking of retiring?

If you are starting to think about your retirement, whether you built the company from the ground up, or are just an employee, it's time to talk with your estate planning attorney. There may be options to help protect your pension, your income, and your future.

The time to plan for retirement is now. Make an appointment, today.

08/03/2026

You can't always get what you want.

Once in a while, you have a moment where the heavens align, and everything is going in the right direction.

Unfortunately, you can't make that moment last forever.

For the other moments, there is estate planning. Make an appointment, today, to discuss your options. After all, all you can do is play the hand you're dealt, right?