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Hinshaw Estate Planning Blog

Tuesday, May 10, 2016

Planning for the Unexpected

Estate planning is not just for older or wealthy people. Younger people, especially those with minor children, need to have an estate plan in place in order to give instructions to their loved ones to follow in the event of a debilitating accident or untimely death.

You may recall the media circus surrounding Terri Schiavo's unexpected incapacity.  In 1990, Terri Schiavo certainly did not anticipate slipping into a coma when she was only twenty-six year old. She did not have a Living Will and/or an Advanced Health Care Directive in place which led her husband and parents to fight over her medical care and ultimate wishes for the next 15 years.

In all, the Schiavo case involved 14 appeals and numerous motions, petitions, and hearings in the Florida courts; five suits in federal district court; Florida legislation struck down by the Supreme Court of Florida; federal legislation (the Palm Sunday Compromise); and four denials of certiorari from the Supreme Court of the United States.

With proper estate planning in place, the fight over Terri Schiavo could have been avoided.




Hinshaw Estate Planning is a practice group of Hinshaw, Marsh, Still & Hinshaw and assists clients in matters related to Estate Planning, Asset Protection, Planning for Children, Inheritance Protection, and Estate & Trust Litigation in the areas of Saratoga, San Jose, Los Gatos, Monte Sereno, Campbell, Santa Clara, Sunnyvale, Cupertino, Los Altos, Los Altos Hills, Mountain View, and Palo Alto within Santa Clara County, the areas of Menlo Park, Woodside, Atherton, Portola Valley, San Carlos, and Redwood City within San Mateo County, and the Greater San Francisco Bay Area.



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