Trusts & Estate Law

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 will is a written guide to a person's final requests. It contains information such as where the person wants her final resting place to be and how to handle her estate. If a loved one, such as...

To most, a living trust--more formally known as a Revocable Living Trust or a Family Trust--is much like a will. Unlike a will, assets are transferred into the living trust in a manner called...

All states have requirements for the execution of a valid will by a testator (the maker of the will), whether the will is prepared with an attorney's assistance or is a holographic will, which is...

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...

The main responsibility of the executor of a last will and testament is to administer the estate of the decedent--the person who has passed away--such that the decedent's final wishes are carried...

In order to claim the property of a deceased relative, you need to file a small estate affidavit. The property value must not exceed that determined by the state in which the property is located....

If your adult child is incapable of caring for themselves or managing their financial affairs, it may be necessary to obtain a legal guardianship over them. Depending on your state, a guardianship...

Occasionally when a will is opened after a person's death, a loved one will discover that he or she has been named executor of the will. Being the will's executor can require a considerable amount...

Probate is a legal process in which a court verifies the validity of a will and oversees its execution. The court also ensures that legitimate creditors of the estate are paid prior to any assets...

The trustee is the person designated to oversee all aspects of a trust. Upon the death of the trustee, immediate steps are taken to ensure the proper management of the trust. This includes the...

When someone dies in the state of Wisconsin, there are specific rules put into place for challenging a will. Only certain people are able to challenge a will, however, everyone who has a legal...

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...

Florida probate procedures set forth the specific steps to take to initiate and pursue a probate case. Understanding these probate procedures is crucial to undertaking estate, conservatorship and ...

Tennessee probate court procedures set forth the manner in which estates, trusts, guardianships and conservatorships are undertaken in the state. In order to effectively pursue these types of...

Under the law there is a specific procedure for opening an estate in probate court in Michigan. "Opening an estate" refers to the process of starting an estate case in probate court.

There are three essential stages associated with probate action in Florida. First, under Florida law, a person seeking to initiate a probate proceeding needs to prepare and file a petition with...

Pennsylvania public records include criminal, divorce, civil, land deeds, and other entities. Pennsylvania public records do not include juvenile court records; in fact, all states do not. They...

Under probate laws, there are three primary ways in which you can inherit money. You can be named in the last will and testament of a person who died. You can inherit money through what is known...

Working through the court system to obtain a subpoena will require the help of a lawyer and extensive documentation; you also must be aware of Virginia's probate courts and their requirements.

Probate is a word that is derived from the Latin word meaning "prove" and is the legal process for establishing the validity of a will. The process of probating a will allows for the assets of the...

A will is an individual's express intention of how she wants her property to be divided and distributed at death.

In most states, a will is a matter of public record once it is filed with the Probate Court for the county in which the deceased person resided.

Although most people have heard reference to a probate court, many individuals do not know all of the primary functions of this type of court. The fact is that there are several different reasons...

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...

There are many situations in which hiring a probate lawyer is necessary and helpful. An experienced probate lawyer can help you you avoid problems that may arise after someone has died or with an...

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...

How to set up an estate when someone dies (the decedent). Whether or not they left a will (called intestate succession when not left) - the tasks can be daunting for someone without a formal...

Buying a car in probate or in an estate sale is one way to get a high-quality automobile without paying the prices found at dealerships. If you plan to buy an automobile this way, you must have...

If there is someone in your life that you believe is unable to care for himself, you may believe it is necessary to obtain legal guardianship papers. The fact is that preparing legal guardianship...

A last will and testament is a legal document that indicates how a person wants his or her property distributed upon death. A will can be probated, which means it is filed with a court to formally...

Probate is the process by which the court identifies the assets, pays any taxes and debts and distributes property to the descendants of a person who dies without a valid will.

When a person passes away, they frequently leave a last will and testament. A last will and testament indicates the deceased's wishes as to the disposition of property or assets. There are...

If you turn on the court television channel, you are bombarded with so many legal cases, each containing unique facts and circumstances. Frequently, there are shows involving disputes regarding...

A probated will is one filed with the court to formally commence the administration and disposition of property in accordance with the terms of the will. For example, a person dies, leaving a...

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...

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...

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...

Once the probate court has issued letters testamentary recognizing an executor of a will, it is difficult to get the court to change executors absent some major or obvious problem. An executor has...

You can save your heirs a lot of time and effort by adding an affidavit to your will. Known as a self-proving affidavit, the document will have you and your witnesses state under oath that all...

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...

There is an assumption, fueled by TV drama, that when a person dies, his loved ones assemble, waiting with bated breath for the reading of the will. In reality, most Americans do not have wills....

The executor of an estate has the fiduciary duty to administer the estate in the best interests of the beneficiaries. In all transactions, they are bound to act in the utmost good faith and cannot...

If you are a beneficiary in a will, you will most likely receive notice after the will is entered in probate court. Learn what to do if you have been named in a will from an estate planning and...

The word probate comes from the Latin root that means to test or prove. This underlines the key task of the probate, which is to determine the validity of the will or wills brought forward after...

Every state has its own laws of succession or intestacy that govern how the property of deceased individual is to be distributed. Any person over the age of 18 who is mentally capable can avoid...

You may go over in your mind who in your family and friendship circle should receive certain possessions and assets after you pass away, yet never think far ahead enough to put it in writing. You...

There are few details that need to be cleared when transferring the car title of a deceased person. The vehicle becomes a part of the estate after death of the owner. The probate court (each...

A Fiduciary is an English common law term that was used to establish a legal relationship between a Fiduciary and his Principal. Today's legal equivalent would be the relationship between a...