Estate Law

As you near the point where you may pass on from this life, you need to decide how to deal with the property that you have accumulated during your lifetime. The choices you make can have...

Learn how to draft your last will, learn the following: 1. what critical items to think of 2. how to draft the document so that it is legally binding 3. how to properly store this important document

The trustee is the person designated to oversee all aspects of a trust. Upon the death of the trustee, immediate steps are taken to ensure the proper management of the trust. This includes the...

A living will, also known as an advance health care directive, is a tool you can use to leave instructions outlining your desires for when you are no longer able to make decisions for yourself....

Maryland land records consist of property deeds and documentation of wills and estates. Maryland land records can also include mortgages and liens against a deed. Depending on the type of Maryland...

If you live in Ohio, knowing the difference between probate and non-probate assets may enable you to lower the amount of estate taxes paid. That in turn could lead to a higher amount paid to the...

The state of North Carolina allows different types of estate planning documents. Some documents are used during the person's lifetime, while others only come into effect at death.

It is an unfortunate circumstance when a parent dies before a child has even reached the age of 18. It can make matters worse when the parent was the breadwinner of the family. To help ease the...

Many families face the death of a loved one after a lingering illness. A common question that arises in such a situation is whether a surviving spouse is liable for medical bills. The fact is that...

In order to cash checks from your deceased spouse, you will need to show written proof that your partner has passed away and that you were legally married at the time of his death. Although most...

Probate is the act of proving that a will, or any document classified as a will, was signed and executed in accordance with legal requirements. There is an accepted national set of probate laws...

Some homeowners choose to protect their property by filing a Declaration of Homestead. Familiarize yourself with the basics of this legal document if you are having trouble deciding whether or not...

The procedures for small estates are designed to provide a streamlined probate process where there are insufficient assets in an estate to warrant the full probate procedure. The rules and...

If the decedent left a will or trust document, the executor is required to present either witnesses or an affidavit from witnesses who can affirm the validity of the will. The executor must also...

A notary public is necessary at various stages in your adult life, but they do cost money. The last time I needed someone to notarize a document it was at my children's school. The emergency...

Anybody can claim unclaimed property. Unclaimed property is typically monetary in nature and can be anything from a credit card refund, a tax refund, bank interest or a stock dividend, or any...

Florida probate procedures set forth the specific steps to take to initiate and pursue a probate case. Understanding these probate procedures is crucial to undertaking estate, conservatorship and ...

Tennessee probate court procedures set forth the manner in which estates, trusts, guardianships and conservatorships are undertaken in the state. In order to effectively pursue these types of...

Under the law there is a specific procedure for opening an estate in probate court in Michigan. "Opening an estate" refers to the process of starting an estate case in probate court.

A joint tenancy is a legal way for multiple people to own a single parcel of real property. Joint tenancy is the preferred method of co-ownership because it provides significant benefits upon the...

The federal estate tax can take huge chunk of money out of an estate, with the estate tax rate currently at 45 percent. Fortunately, you can claim some deductions that will result in a lower tax...

A Notary Public is necessary for most of us at some point in our life to witness a signature on a document, such as the purchase of a home, contracts, wills or power of attorney documents. It's...

A quitclaim deed is a simple transfer of property from one person to another. Here are some simple steps on how to fill out the form. Please note that in different states the requirements may be...

To be appointed as an executor, an individual needs to meet certain standards. There are very specific qualifications for an executor established by law. The failure to meet any one of the basic...

The cost of hiring a probate lawyer varies throughout the United States. Each state has a set of statutes and guidelines necessary for the transfer of property after death. The requirements that...

Estate taxes can be a significant burden to beneficiaries of a wealthy decedent. The amount taxable varies from year to year and always gives the grantor---the person giving the property away---a...

A power of attorney is an effective instrument in dealing with financial or health-related matters. A legitimate question is how effective is a power of attorney after death.

Although most people don't like to think about death and dying, there are certain decisions that need to be put in writing before an individual dies or becomes incapacitated. A living will and...

Losing a love one is terrible burden, complicated by the logistics involved in funeral planning, probate and contacting family and friends. If the departed family member was receiving social...

Death certificates are legal documents that are issued by government officials, such as a registrar of vital statistics. The certificates include the date, location, and the cause of death. Death...

Broadening, expanding and diversifying your investment portfolio is a wise course. Toward this objective you can consider creating wealth through probate. Individuals from different walks of life...

An estate tax is a federal tax, imposed by the Internal Revenue Service, that applies generally to estates worth at least $1 million. The federal gift tax is a tax that people who receive gifts...

There are three essential stages associated with probate action in Florida. First, under Florida law, a person seeking to initiate a probate proceeding needs to prepare and file a petition with...

Your estate is the total all of your property when you die. If it is worth enough money, your estate will have to pay a federal estate tax, sometimes called the "death tax," before any of your...

Under probate laws, there are three primary ways in which you can inherit money. You can be named in the last will and testament of a person who died. You can inherit money through what is known...

The United State began taxing estates and inheritances in 1916. Many times you hear these taxes called "death taxes." Proponents say the taxes keep the nation's wealth from being concentrated...

Working through the court system to obtain a subpoena will require the help of a lawyer and extensive documentation; you also must be aware of Virginia's probate courts and their requirements.

When a loved one dies, it can be a traumatic experience. Of course, personal feelings aside, in many cases, legalities involve themselves in the loss. Among those are inheritance and the taxes...

Oregon, like many other states, charges an inheritance tax. This tax is imposed on heirs and beneficiaries of property transfers from a deceased person's estate. As is often the case with state...

A revocable trust and a will are not mutually exclusive. Both types of documents are used to transfer property to heirs after death and each has relative strengths. In fact, for some, it may be...

Technically speaking, an inheritance tax is different from an estate tax. The latter is a tax on a decedent's gross estate, while the former is levied against the share an individual receives of...

The interest rate on a land contract is negotiable between buyer and seller, and it often offers advantages to both. The concept of a land contract is very similar to that of purchasing a home, in...

A probate court is part of a unified court system in the United States that is charged with handling cases involving estates, wills, trusts, guardianships, conservatorships and other matters....

You may need a probate lawyer to draft a will or trust documents, or open an estate in court following the death of a family member. No matter the circumstances, there are certain documents that a...

The purpose of drafting a last will and testament is to direct the disposition of your estate after your death. But many people die without a valid will or their wills do not address the...

Although most people have heard reference to a probate court, many individuals do not know all of the primary functions of this type of court. The fact is that there are several different reasons...

The probate court is charged with dealing with matters that generally arise out of the death or incapacity of an individual. These duties primarily include determining how a deceased person's...

There are many ways to prepare your estate, providing instructions about how assets are to be passed on to your heirs. Along with devising a last will and testament and trusts, you must make sure...

Probate is the process during which the terms of a will are carried out. Probate bonds are purchased by the executor of an estate -- either named in the will or court-appointed -- to assure the...

Mortgages can be legally tricky when a borrower dies. Not only do laws differ from state to state, there are often rules involving "homesteads" that grant certain privileges to widows and...