Trusts & Estate Law

No one likes to talk about it, but it is inevitable. Make plans now to ensure that your passing is as painless for your loved ones as it can be.

Many are unaware of how important it is to have a Will. It is important because it discloses who you wish to be your beneficiaries and how you wish your assets to be distributed, who will raise...

How to Decide if you need a will, a living will, a living trust or all three.

Power of attorney, often shortened to simply POA, is the authorization of one individual to act on another's behalf for legal, medical or financial matters. Power of attorney is often given to...

Probate law, commonly known as estate law, almost always contains a provision for a statute of limitations on a probate. Statutes of limitations have been in use for hundreds of years, although...

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...

By writing your own will, you can decide where all of your assets and belonging go to, instead of leaving these decisions up to the state. You may not want to worry about this right now, but if...

Many people shy away from the concept of a will because they do not want to consider the fact that they may die. Oh, they think, I'm not planning to die any time soon. What a depressing thought......

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...

What would happen if you were to die today and your family had no idea what life insurance policies you had or how you wanted to be buried or whether you even wanted to be buried and not cremated?...

A living trust is an excellent means of avoiding probate and saving ones survivors much heartache and money upon ones death. It is a private document, entered into by a trustor and trustee to hold...

A Do Not Resuscitate Order (DNR) is one of several documents you can execute in order to make your health care wishes known. This type of order has become increasingly popular as more and more...

The advice given in this article is not legal advice. It is meant to help those trying to avoid paying for a will. If you have any further questions or concerns, please call your personal attorney.

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...

There are two types of advance directives - living wills and durable power of attorney for health care

Estate planning is a very important responsibility. Therefore, if you are at the juncture in your life at which you are undertaking estate planning, you need to engage the services of a qualified...

A living trust can provide significant advantages, including avoiding probate and minimizing taxes. But only certain types of property should be placed in trust. For example, income-producing real...

Even though everyone avoids the topic of death, sooner or later we will be faced with the fact that we do have to prepare for it. One of the ways to prepare for it is to think about how you want...

Have you ever seen or heard of a person's passing and the ugly but realistic claims by others that the deceased offered them a certain piece of jewelry or a certain artifact in life and hence the...

A will must be executed properly or it may be invalid. The problem with an invalid will is that you do not know the will is invalid until the will is filed, which occurs upon the author's death. ...

A Durable Power of Attorney is a document that gives a person written permission to act on another's behalf in a business or legal transaction. It is frequently used by members of the military and...

Many people think about writing a will but put off doing so time and time again, due to the thought of planning what is an uncomfortable subject for most. The fact is that writing a will does not...

"Special needs trust" can have a variety of meanings. A special needs trust can be a first party trust, a Medicaid payback trust, a court confirmed trust, or a third-party trust. ...

A living trust can ensure that your family members avoid estate taxes and can allow you to retain maximum control of your assets. Although most people creating a living trust have their documents...

To protect your family and assets, prepare a living trust, also known as a revocable trust. A living trust is simply an arrangement you prepare in the form of a document while you're still alive,...

A Living Will or Advance Directive is a legal document used by terminally ill patients to give specific instructions for the kind and extent of life-extending health care the patient will receive...

No one wants to think about what will happen to their property and assets when they die, but we all eventually do die. In order to save your family and loved ones from the stress and potential...

Preparing for your own elder care can ensure you live out your life the way you want. Think beyond your finances and consider that you might be taken from home and placed somewhere that does...

A will is a document that describes the wishes of the deceased, and can be drawn up by an attorney or an individual. Once a will is filed with a court, it becomes public record. In some...

As you consider purchasing real estate, whether for your primary residence or as an investment, there may be opportunities available to you in the form of real estate in probate. There are...

Two of the most fundamental requirements associated with a proceeding in probate court are notice and obtaining a surety bond. Probate court deals with extremely sensitive matters--wills and...

Power of attorney is a simple legal term for when one person has the legal ability to make decisions for a second person who is usually incapable of making decisions for themselves for reasons, ie...

You love and care about people about in life. You want to remember or provide for those individuals "after you are gone." You made the decision to prepare a simple last will and testament and want...

If you are being appointed to undertake a task in a probate court, you likely will need a surety bond for probate court. For example, if you are going to be the administrator of an estate, you...

Learn to identify a Generation-Skipping Transfer (GST) that is subject to an additional flat-rate tax on top of any federal gift or estate tax that the donor or decedent might also owe on the...

One of the most common estate planning strategies is to write a living trust. A living trust is a legal entity which owns property that is controlled by a trustee (usually the person who created...

A Last Will and Testament is the proper way to ensure that your funds, property and personal effects will be distributed after your death according to your wishes. A Last Will and Testament is a...

Though the federal estate tax is based on a decedent's assets, it is the beneficiaries who really pay the price. But the estate tax is not limited to assets in the probate estate of a deceased...

Locating someone who is deceased is sometimes critical to legal proceedings or tracing family histories. Many genealogical resources are valuable materials that can also be used to locate the...

Probate is the legal process that courts use to implement a deceased person's will, distribute assets to beneficiaries and pay any outstanding debts. Many people hear the term probate and...

Finding an easy legal will online can lead to disastrous results if you are not knowledgeable in the legal field. Many people die without wills, but many others die with wills that are hard to...

The last few years foreclosure have jumped to record highs as many people being laid off or who signed up unknowingly to strange loan terms scramble to make their house payments. Not only does...

Lawyers are expensive. Most people in need of a lawyer simply cannot afford to pay them the actual fees needed to win a case. There are cheaper lawyers out there, with great service at offer. ...

Revocable trusts can generally be modified at any time. For minor alterations to the trust, such as name changes because of marriage or divorce, the original trust can remain in effect and a new...

Death certificates are needed for Social Security, life and health insurance and to wrap up a deceased ones affairs. These documents are easily obtain.

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...

When estate planning, a good checklist can help you get the most for your loved ones. Try an estate planning checklist from an estate planning and probate lawyer in this free video on estate law.

Asset protection keeps assets from creditors or lawsuits, whereas estate planning is about saving estate taxes and preparing for death. Learn the difference between estate planning and asset...

When someone dies, the Internal Revenue Service (IRS) takes its cut of the money first, followed by funeral expenses, then creditors and finally heirs. Learn about handling creditors and debt when...

Typically, wills are estate planning documents that do not control where life insurance payouts go. Learn about conflicts between will and life insurance policies from an estate planning and...