Trusts & Estate Law

When people leave clear instructions on where to find their wills in the event of their death, it's a relatively easy process. Unfortunately, that doesn't always happen. Sometimes, the deceased...

This is an article on how to correct a mistake in a will.

This is an article on how to pay off estate debts.

This is an article on how to give away your body and organs at death.

This is an article on how to revoke a healthcare power of attorney.

This is an article on how to form a living will.

Last will and testament documents are public records that anyone can look at even if they are not related to the deceased person. Usually, it's up to the executor of the will to inform those who...

Irrevocable trusts are excellent tools for protecting assets and minimizing income taxes. They don't come without a price, however. By definition, an irrevocable trust cannot be terminated...

Technically, you cannot transfer a living trust to an individual. Instead, you can either designate the individual a trust beneficiary, or you can have the trustee transfer property from the trust...

By law, a trust does not exist until some property has been transferred to the trustee. This process is called funding the trust. Trusts are commonly funded with real estate, personal property,...

The purpose of a trust is to hold title to property for the benefit of the trust beneficiaries. Transferring property into a trust really means conveying title to the trustee of the trust. The...

A reversible living trust, more commonly referred to as an irrevocable living trust, is a trust that can be unilaterally terminated or dissolved by the person who creates the trust.

Unless you are over 59 1/2 years old, transferring assets from an IRA to a trust is undesirable. Doing so would count as a withdrawal and trigger taxation and penalties. Conversely, once you reach...

A power of attorney is a document used to assign a personal power, such as the ability to make medical or financial decisions, to another party. A general or durable power of attorney does not...

The primary difference between a living trust and an estate account is when they are opened. An account for your living trust will be opened during your lifetime, while an estate account is opened...

The best way to track your finances is to get organized. It may take a few moments up front, but once you are organized, the job of figuring out what to do with your money is much, much easier!

A lien cannot be put against a living trust. However, any assets that are transferred into the trust can have a lien placed against them.

You may want to have your name removed from someone's last will and testament for a number of reasons. For example, the gift may be a tax burden or you may feel the gift should go to the primary...

Transferring the title of a car in probate is done by following the provisions of the Uniform Probate Code or a similar law in force in the particular state in which the estate is pending in...

As the owner of an IRA, you may desire to transfer that account to a trust and trustee. A trust allows you to place assets under the supervision of another individual (or financial...

The Health Insurance Portability and Accountability Act (HIPAA) is a federal law that establishes privacy standards for the protection of medical records. While federal law continues to protect an...

Finding out if you are the beneficiary of a revocable trust won't be easy if the maker of the trust--called the trustor or settlor--does not tell you. During the trustor's lifetime, a beneficiary...

Inheritance tax, also known as estate tax or death tax in the United States, is imposed on either an estate or beneficiaries of an estate when a person dies. Every year the maximum amount that can...

Planning is a wonderful thing but end-of-life planning can be a difficult task. Approaching these decisions with your family and loved ones can be difficult but it is a necessary process in...

A living will is a legal document that lets your family members, friends and physicians know that you don't want extreme measures taken to prolong your life in the event of a serious trauma,...

Probate is the procedure of proving a will is valid and administering the dead person's (decedent's) estate according to the will's terms. Probate law varies from state to state, but many of the...

When someone dies and leaves a will, the executor or court-appointed representative is responsible for using his best efforts to notify all those who are named in the will. Sometimes it isn't...

A quitclaim deed is used to either remove or add persons to a property deed. It is separate from a mortgage and uses a form that should be filed with the county clerk's office. A quitclaim deed...

Finding a copy of a will in Wales or England doesn't have to be difficult. If you're looking for a copy of a will, then you're probably already under enough emotional turmoil and stress. Finding...

This is an article on how to make a petition to probate a will.

This is an article on how to prove Undue Influence in Wills.

This is an article on how to prove lack of mental capacity in wills.

This is an article on how to form a Will Codicil.

This is an article on how form Typed, Oral, and Handwritten Wills.

This is an article on how to disclaim your inheritance.

Although there is a strong "Plain Language" movement in the modern legal world, with fewer Latin and archaic English words and phrases, there are still many older wills in existence. One phrase...

The executor is the individual named in the will and appointed by the court to oversee the affairs of an estate. The duties of an executor include distributing the property of the estate to the...

When an individual who owns stock dies, the probate laws in the state in which he resided dictate the manner in which the shares of stock are transferred. The Uniform Probate Code and similar laws...

Amending a trust schedule is a simple task as long as you understand the process. A trust schedule lists the property held in the trust. Any time you want to add or remove property from your trust...

When big changes occur in life, you need to think about revising your estate plan to account for them. This includes making revisions to your revocable trust. Maybe you need to change the trustee,...

The law provides a number of mechanisms through which you can inherit an IRA (Individual Retirement Account) following a spouse's death. The best course is one that requires advanced planning on...

This is an article on how to make a will substitute.