Estate Law

Probate is the legal process in which a person's estate is transferred to named beneficiaries upon death. An ancillary probate occurs when a person owned property in a state in which they did not...

A legal estate is created whenever a taxpayer dies, and it terminates when all of its assets have been distributed to beneficiaries. If the estate earns income, it may be taxed by the Internal...

An estate is created every time a legal owner of property dies. If the estate earns income between the time of its creation and the time the last of the property of the estate is distributed to...

There are a variety of resources available to you when seeking a home to purchase. Of course, you can shop for a residence on the traditional, open real estate market. However, if you want to save...

If you are the administrator or executor of an estate that is in probate, you are designated by the court to tend to the affairs of the estate. You may have retained an attorney to assist you in...

When an estate is in probate court there are certain procedures to be followed in regard to transferring property. For example, there is a specific process for transferring personal property to an...

The death of a loved one is seldom an easy time, and transferring property may not be the first thing on your to-do list. However, at some point it will be necessary to transfer the title from the...

A public administrator is a government official who, in some locations in the United States, oversees certain types of estate, conservatorship or guardianship matters. Typically a public...

When a person dies, proceedings in the probate court can be started in regard to some of her assets. Accomplishing this task requires an understanding of what are probate assets.

Dealing with the affairs of an estate leads to a variety of questions. A common question is whether or not life insurance is considered part of an estate. There are situations in which life...

An inheritance is a great gift, except maybe when that gift is an IRA account. The tax rules for inherited IRAs are tricky, and making the wrong decision, or an untimely one, can result in...

General power of attorney is a broad power granted to one person (the attorney or agent) to act on another person's (the principal) behalf. Those granted these powers can act as the principal and...

Coping with the death of a loved one is difficult enough, but adding the complexities of estate law to the mix can be downright frustrating. Even simple tasks like accessing a dead relative's safe...

A power of attorney is a legal document that gives another person legal power to make personal decisions on your behalf. A trustee, on the other hand, is a person or company appointed in a trust...

An advanced directive is a document that allows you to make a decision in advance of the need for that decision. A power of attorney, on the other hand, is a document that gives somebody else the...

Power of attorney (POA) documents are valid in all states and allow you to authorize one or more people to act on your behalf in personal matters--selling your house or car or paying your rent,...

In one unexpected moment, a life-changing accident or illness can occur. A power of attorney speaks for you when you cannot speak for yourself. Without one, your financial decisions could be...

One of the first jobs an executor should undertake is to secure the premises where the deceased lived, especially if it is unoccupied. Fire and theft insurance should be continued to protect...

An executor is a person named in a will or appointed by a court to oversee someone's financial estate upon their death. General tasks include paying off final bills and taxes, distributing...

Two of the most common ways to assume authority over another person's affairs are through Power of Attorney and executorship. Both positions allow an individual to make decisions on behalf of...

Power of attorney, or POA, is a legal agreement between a principal and an agent that allows the latter to handle the personal affairs of the former. While the agreement can end at any time, a...

The legal term for excluding someone from your will is called negative intent, but that doesn't necessarily mean it's bad or wrong to exclude someone. You may no longer have a relationship with a...

Limited power of attorney is a legal document giving another person authority to make decisions on behalf of another for a limited or specified period of time or event.

The loss of a loved one is a difficult time for families. Compounding this issue is the need to transfer property such as cars, homes and bank accounts into the names of the surviving family...

There are two courses to take to inherit a retirement account from an individual who died. First, in many cases you can obtain outstanding benefits in a retirement account by filing a claim form...

The person to whom you give power of attorney (POA) is called your Agent, or your Attorney-in-Fact. This power, however, is sometimes abused. Some Agents behave as if they can do anything they...

A power of attorney for documents allows you to delegate authority and plan for incapacity or your own inability to comprehend or execute documents for yourself.

One of the initial tasks of an administrator of an estate or the executor of a will in probate is to establish a bank account. Specifically, a checking account to pay estate bills is set up by the...

Finding out if an estate is established for a deceased person is a task that you can undertake on your own. You do not need professional assistance to locate a pending estate. The process of...

A general power of attorney essentially creates a duplicate of you for all legal and contractual purposes.

A trust or decedent's estate is a separate legal entity for federal tax purposes. Like individuals, corporations and other legal entities, a trust or decedent's estate must file a federal tax...

A power of attorney is a fancy term for a document that allows you to give somebody else legal capacity to make your decisions. A power of attorney is a document that is typically included in...

A primary task of the executor of a will or an administrator of an estate without a will is to sell certain assets. The objective of liquidating assets is to obtain cash that is easier to...

Whether you are in the process of planning your estate or you are simply leaving your home and moving somewhere else, there may be a time in your life when you want to leave your home to your...

Regardless of how much or how little property you own, if you have children under the age of eighteen, single mothers need a living trust and will. Without them, your children's fate will be in...

A special power of attorney, often referred to as a limited power of attorney, is a legal authorization for somebody else to make certain decisions on your behalf. There are many types of special...

Form 1041 is the income tax return filed with the IRS by the fiduciary of an estate that receives income after a taxpayer dies. If an executor has been appointed for the estate, then the executor...

Probate is the legal application of a will to the assets of someone who is deceased. It is generally a time-consuming process and requires court authentication of the will, notification of all...

A durable power of attorney is a legal document that authorizes another person to manage your property and finances while you are alive. An executor is a person who manages your estate after you die.

When an individual (known as a decedent) passes away, the ownership of income, property or assets he or she transfers to an estate. This allows the executor to handle the decedent’s affairs,...

When a loved one passes away, the emotional toll can be devastating. Unfortunately, even after death, the decedent's credit card debts will still remain active. The family must protect the estate...

A power of attorney is a written document in which you give another person the authority to act for you. This person becomes your "agent" to carry out the responsibilities identified in the document.

A power of attorney is a legal document that authorizes another person to make decisions for you. A health care power of attorney is a specific, limited type of power of attorney that covers...

A federal employer tax identification number (EIN or FEIN) is a unique identifying number for employers and other entities that must pay federal taxes. The estate of a person who has died is...

Inheritance taxes, also sometimes called death taxes, are state taxes on money and property received by inheritance. The person who accepts an inheritance, such as the son or daughter of a...

How to Pick Probate Attorneys or Probate Lawyers. Probate Court is where matters of an estate go, such as contesting a will or administration of estates. This is often a highly sensitive issue...

Dying without a legal will makes it necessary to allow a judge to dispose of all your assets. This can be avoided by obtaining forms for making your own will. These documents are readily available...

Power attorney agreements allow one person to act on behalf of another in legal or financial matters when he cannot perform certain tasks for himself. In the best cases, a power of attorney...

Power of attorney (sometimes called POA) is an agreement in which one person allows another to have the right to act on his behalf in legal and financial matters. The intent is for those who...

If you need someone else to act on your behalf in legal or financial matters, you would sign a power of attorney agreement. Also called a POA, this agreement allows another person to act for you...