Trusts & Estate Law

The law provides you with various ways in which your property will be divided after you die. One way is by creating a last will and testament (otherwise known as a "will"). The will states to whom...

An executor is a person named in a will who administers a deceased individual's estate. Though a good will contains clear instructions for how to proceed, it also may grant the executor sweeping...

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...

An executor serves as the guardian of a will, and is responsible for handling large and small details of the deceased person's estate. The executor takes care of any outstanding bills related to...

Appointing an executor (also called a personal representative) of a will is an important decision in your estate planning. The executor of your will is responsible for carrying out the terms of...

A probate clerk can assist the public with probate matters---those relating to the administration of an estate---that ordinarily are handled by an attorney. Working with the probate clerk can save...

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...

Though a will and power of attorney are both documents that convey a person's wishes, they are very different in how they are treated in the eyes of the law.

If you are interested in tracing a will through the probate process, there are a few factors that you need to understand and apply. Tracking a will in probate involves reviewing documents filed in...

Your executor is responsible for settling your estate after you die. If you want to name a particular person in your last will, talk to him first and see if he feels that he's able to assume the...

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...

Standard wills and living wills are both legal forms of communication which dictate your wishes should you become unable to speak for yourself. However, these documents are otherwise unrelated.

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...

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,...

Advances in medical care and wealth have opened doors to new legal issues that may require more than a typical will. Living trusts and living wills are two notable examples.

A living will refers to a certified document that allows you to dictate what forms of life support you would like to receive if you are incapacitated, while a regular will allows you to dictate...

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 advantage of a living will is that it guarantees that whatever healthcare preferences you have will be carried out if you can't express them yourself. This is extremely important in the case...

When a person wants to provide perpetual care or welfare for another, especially in his family, he may set up a trust fund. This begins with the consent found in a joinder agreement.

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.

A living trust is a tool used for planning an estate. It is a way to give your beneficiaries the most benefit from your estate. Living trusts are created and placed under the control of a trustee.

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 trustor is a person who creates a trust. Anybody who owns property that they want to put into the trust can be the trustor. A trustor is also commonly called a grantor or settlor.

It is not smart to put all kinds of property into a living trust. As a practical matter, you should only put property in the trust that you think you will own for a significant amount of time.

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.

A will designates an executor to oversee the affairs of the estate. A person commonly names a family member or friend to serve as the executor of her estate. If you have been named as the executor...

Many people find the process of writing a will to be intimidating and avoid it because of perceived expense or lack of knowledge on how to proceed. Some people simply assume everything will pass...

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

Living trusts offer many benefits, including avoiding probate, sharing assets with friends or family, providing for professional management of trust property, protecting property from creditors,...

Drafting a last will and testament is one of the more important tasks that a person undertakes during the course of his life. If you are contemplating writing a will in the U.S.A., you need to...

A living trust requires five things. A trustor, a trustee, one or more beneficiaries, intent and property.

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...

The term 'legal will' is heard often when a loved one nears death. It is also something that each person should have, especially when they get married, have children, or are in the military. But...

In order to ensure that your property is properly distributed and your family attended in the event of your death, it is important to write and file a legal will. This can be handwritten in most...

A will is a legal document that determines who will get your property after you die. If you die without making a will or some other form of estate document, the state will decide how to distribute...

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...

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...

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,...