Estate Law

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 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...

Probate is a legal process pursuant to which a decedent's last will and testament is formally submitted to the court in order to be reviewed for authenticity and thereafter for the assets to be...

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 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...

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 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...

The legal system is divided into categories with the most common being criminal law, civil litigation, bankruptcy law, real estate law and probate law. Although the root of each type of law is...

When an individual dies, the person likely leaves property behind. Frequently, a last will and testament is also left behind, which indicates how the decedent wanted any property or assets...

Following a person's death, his estate is divided through a process known as probate. In probate, the court will essentially prove the will and determine its validity. If the deceased person...

When a person passes away, he or she usually leaves property behind. This property must be disposed of and distributed in one of two ways: either according to the decedent's last will and...

Probate is the process by which the courts distribute a decedent's assets and property, either under the direction of a will or through intestate succession.

Upon the death of an employee with vested stock options, only an individual legally empowered to do so may exercise those options. The terms of the stock option plan will usually provide a time...

When someone dies without a will, the estate is administered according to the rules of intestacy. These vary by state, and set forth who is entitled to the estate's assets. They can also contain...

Probate is the part of the court system that rules over the estate of a person who is deceased. In addition to the assets of the estate, the probate court has jurisdiction over the protection of...

An affidavit is a sworn statement of facts, which usually must be notarized and witnessed. In the case of an affidavit of domicile, the facts relate to the resident of person making the statement,...

When a person dies, her assets are usually handed down to beneficiaries who become the legal owners of the property. This transfer of ownership is commonly carried out according to the terms...

There may be tax burdens to consider before you say “yes” to execute an estate. In order to exercise power of appointment you should have your own attorney advise you of your duties and rights....