Estate Planning Archives - Samuels Yoelin Kantor LLP

Heir Today, Gone Tomorrow

October 21, 2025 by Christine Costantino

Many of my clients ask me if the money they have inherited during a marriage is “off the table” in a divorce. This can be a complicated question, and I often reply, “It depends.”

The general rule in Oregon is that inherited or gifted assets to one spouse during a marriage are not subject to the presumption of equal contribution by the other spouse in a divorce. The exception to this general rule is if a judge determines it would be “just and proper under all the circumstances” to put it back on the table, then it may be divided between the spouses in a divorce.

Let’s break this down with some examples. If Spouse A inherits $100,000 and deposits the funds in an individual account only in Spouse A’s name, then these funds will, in most cases, be considered the separate property of Spouse A in a divorce from Spouse B. Meaning, they remain “off the table.” However, I said, “It depends.” In other cases, for example, where Spouse A transfers the funds to an account held with Spouse B, then those jointly held funds have now become marital assets and subject to a 50/50 division in a future divorce. Another example is where Spouse A takes the $100,000 and purchases a home with Spouse B where both are on title. Spouse A has now effectively commingled her $100,000 down payment with Spouse B. If the parties divorce in the future, then Spouse B is likely going to be entitled to 50% of the home equity including the benefit of any equity created by Spouse A’s $100,000 down payment. It is difficult to anticipate under which set of circumstances a judge might award Spouse B a share of Spouse A’s inheritance if Spouse A kept it separately from Spouse B continuously throughout the marriage.

Each case is decided on its particular facts. The moral of this story is you should never commingle any inheritance you may receive during a marriage without understanding the legal impact of such a decision. Keep it separate until you can consult with an attorney who can advise you before making costly mistakes you may not be able to reverse.

Wendy Williams: Planning to Avoid a Guardianship

March 4, 2024 by Victoria Blachly

TV host and personality, Wendy Williams, has been in the news recently for her challenging health issues, marital drama, and legal woes, after a bank froze her bank accounts due to concerns about whether she needed a protective proceeding/guardianship due to her mental and physical ailments.

Her team recently revealed Ms. Williams has dementia, and rumors abound that it may be alcohol related. A new Lifetime four-part docuseries, Where is Wendy Williams, chronicles the sad tale.

Note that Ms. Williams is only 59-years old, so she likely never expected to face such cognitive challenges that require legal planning and preparation. While she did have a Power of Attorney that identified who should manage her finances, were she to be incapacitated, the court got involved and made a determination that the nominated fiduciary was not the best person suited for that job, and appointed someone else to be her guardian for financial decision making.

Other options that could have been taken to protect herself and her assets include setting up a Trust, where a successor trustee would take over, once she became incapacitated. Naming a professional third-party professional trustee, trust company or bank may have been a better option for Ms. Williams, and may have resulted in a different ruling with the court in New York.

Nobody wants to think of the worst case scenario when discussing their future, but an excellent estate planner will help you talk through your options to bring peace of mind: Plan for the worst and hope for the best!

Do NOT Sit on Your Estate Plan (especially if it’s in the couch) – Learning From Aretha Franklin

July 13, 2023 by Victoria Blachly

After five years and a family battle over two handwritten wills left by the singing legend Aretha Franklin, a jury ruled that the later executed will – found in the cushions of Ms. Franklin’s couch – was her validly executed will.

While we all Respect (1967) Aretha Franklin, you need to Jump to It (1982), Rock Steady (1972), and Think (1968) Who’s Zoomin’ Who (1985) to prepare an estate plan that doesn’t eat up five years of time and legal fees. The estate planners at SYK are saying, “Call Me” (1970) and “Break It To Me Gently” (1977) to put your affairs in order. In short, Do Right Woman, Do Right Man (1967) and you will soon be on the Freeway of Love (1985).

SYK Partner Victoria Blachly’s Work on the Uniform Law Commission

September 9, 2022 by Victoria Blachly

Happy 130th Birthday to the Uniform Law Commission (“ULC”)! Samuels Yoelin Kantor Fiduciary Litigation Partner Victoria Blachly is an Oregon Commissioner for the ULC. Read our interview with Victoria about her work on the ULC.

What does the ULC do?

The ULC “provides states with non-partisan, well-conceived and well-drafted legislation that brings clarity and stability to critical areas of state statutory law.” They do not have authority to enact legislation, rather they propose legislation to states to address legal issues that cross state lines and would benefit from uniformity. You may know them from some of their greatest hits, like the Uniform Commercial Code or the Uniform Trust Code.

How did you become involved with the ULC?

It’s a very long story, but let me see if I can fight my litigator’s tendency to go on forever and give you the highlights. After seeking to make the laws in Oregon better by chairing a committee with proposed legislation for access to digital assets by personal representatives, trustees and other fiduciaries, I learned the ULC was interested in the same project, on a national level. I became an “Observer” to the study committee and then the drafting committee, which resulted in the Fiduciary Access to Digital Assets Act. I was impressed with the diligence of the volunteers, in striving to propose new laws to help so many. Then, when an opening became available in 2014, I submitted my name for consideration to the Governor of Oregon. Since then, it’s been nothing but sunshine and lollipops.

What are some highlights from your work as a Commissioner?

The first thing that comes to mind is that I am so very grateful for meeting and working with such a dedicated group of volunteers, including the rest of the Oregon delegation: Justice Martha Lee Walters, Lane Shetterly, Joe Willis and Carl Bjerre. Also, the annual ULC meetings are filled with other volunteer attorneys, professors and judges that take the work seriously, are very detail-oriented and raise and address complicated legal issues with the utmost of professionalism and respect for a variety of ideas and insights. The ULC, as a non-political group, is a refreshing contrast to how some currently opt to debate legal issues.

Tell us about some issues that the ULC is currently working on.

The number of active committees and projects is too voluminous to address here, but their website has a wealth of information available. Currently I am on a Committee for updates to the Uniform Determination of Death Act. There are a large number of medical professionals, patient advocates and lay people Observers with amazing and often heartbreaking stories, who all share their perspectives. As science has progressed and knowledge has changed, the convergence between law and science makes the topic a challenge to decipher in a way that provides good answers to often bad choices.

Estate Planning: Mistakes or Misunderstandings

March 8, 2021September 1, 2020 by Anastasia Yu Meisner

Top Estate Planning Mistakes or Misunderstandings – And How to Avoid Them

We have all heard the phrase: nothing in this world can be certain in life, except death and taxes. As an estate planner, I address these two issues every day. I counsel clients on the best strategies to pass their estates to their loved ones, how to efficiently manage their affairs if they can’t make decisions for themselves, and advise them on the most financially efficient ways to accomplish their goals. With nearly 20 years of estate planning experience, I have collected a list of common mistakes or misunderstandings.

#1. DIY Documents.

Estate plans should not be considered a “Do It Yourself” endeavor. With the guidance of an experienced estate planning attorney, you ensure that you’re considering all the issues, your planning goals are met, and your legacy will be easily passed on to others. Wills completed through automated computer programs or purchased at stationary stores may result in negative financial and substantive impacts to your loved ones.

#2. “I Don’t Need an Estate Plan.”

Everyone can benefit from an estate plan. Even if you think you don’t own anything, everyone should have a financial power of attorney and a medical power of attorney. Did you know that if you don’t create your own individualized estate plan, then the state of Oregon has a “One Size Fits All” plan for you? Unfortunately, Oregon’s “One Size Fits All” plan doesn’t meet the customized needs of many people, and it can lead to unintended consequences.

#3. Choosing the Wrong Decision Maker.

Many times, a parent will want their adult children to work together to make financial and medical decisions when the parent can no longer do so. Unfortunately, in my experiences, many times these types of plans don’t work well. Instead, when siblings disagree, an impasse may occur. In the worst-case scenario, litigation may be the only solution to resolve the conflict. Other times, people choose a friend for help, and then for a variety of reasons, the friend is no longer able to help. And on occasion a trusted person turns and becomes a financial abuser. Picking the right decision maker, aka fiduciary, is very important and should be a well-informed and thoughtful process.

#4. Thinking a Will Avoids Probate.

Probate is a court supervised administration of a decedent’s estate. Now don’t get me wrong, I don’t think probate is the 9^th level of Dante’s Inferno; and as an attorney, I am very familiar with the rules of court procedure. For certain situations, probate is a beneficial process. But time and time again, clients have the misunderstanding that their wills are not subject to probate. They are shocked when they learn that a will almost always ensures that an estate will be probated. To avoid probate, consider creating a revocable trust.

#5. Letting Your Plan Collect Dust.

Having a plan, but not looking at it again is a mistake. Estate planning is a dynamic process. The plan should not be chiseled in stone and then set on a shelf, never to be thought of again. In general, I recommend that clients review their estate plans every five years. And sooner if there have been significant life changes, such as marriages, divorces, births, substantial changes in assets, medical diagnoses, etc.

#6. “I’m Not Rich, So I Don’t Care About Estate Taxes.”

Thinking you don’t have enough to be concerned about estate taxes (also known as “The Death Tax”) may be a mistake. Even if you own less than $11.58 million which is the 2020 amount when the federal estate tax hits, your estate may still be subject to state estate tax. Both Oregon and Washington have state level estate tax. Without specific tax planning, an Oregonian who dies with a net worth more than $1 million has exposure to Oregon estate tax. The same is true for Washingtonians. However, Washington’s amount is more generous at $2.193 million in 2020.

It is never too late to prepare an estate plan. If you have more questions or want to talk about your estate planning goals and needs, contact one of our estate planning attorneys. Our combined years of estate planning experience is over 130 years.

Be sure to check out SYK’s newest video – featuring Anastasia and focusing on Estate Planning.

Anastasia (Stacie) Yu Meisner is a member of the SYK Estate Planners practice. Her practice focuses on estate planning, mediation, probate, trust and estate administration. In addition, she also works with guardianships and conservatorships, as well as business transactions and formation.

Oregon WINGS Posts “Get a Life Plan”

March 8, 2021August 10, 2020 by Victoria Blachly

Oregon’s Working Interdisciplinary Networks of Guardianship Stakeholders (WINGS) posted a solid plan for what we should all consider, as part of planning for your life – and death.

Their web page covers four plans:

Plan for your assets during your lifetime
Plan for your medical decisions
Plan for your assets at your death
Plan for your body after your death

They also have good pointers on a variety of helpful topics:

How should I start a conversation with my loved ones about my plan?
What if my loved ones disagree with my wishes?
Where should I store my documents?
Should I give copies of my documents to my loved ones?

These are a good place to start, but for most of us, to obtain a comprehensive Life (and Death) Plan, it is best to talk to an estate, trust and tax planning attorney to set you and your legacy up for success. Fortunately, we have a whole wing of such talent here at SYK.

Victoria Blachly is a partner at SYK, and an experienced fiduciary litigator that works with many elderly clients, cases and causes.

Top Estate Planning Mistakes or Misunderstandings – And How to Avoid Them

#1. DIY Documents.

#2. “I Don’t Need an Estate Plan.”

#3. Choosing the Wrong Decision Maker.

#4. Thinking a Will Avoids Probate.

#5. Letting Your Plan Collect Dust.

#6. “I’m Not Rich, So I Don’t Care About Estate Taxes.”

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