Recent Posts in Probate Category

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Why You May Want a Living Trust

The majority of Americans understand the reasons why they need a will. After all, most adults are very familiar with wills, but less people understand living trusts. Often, estate planning attorneys ...
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Should You Accept the Job of an Executor?

Let’s say that your close family member or friend passed away and you were surprised to learn that he or she named you as the executor of their will. You may be honored to take on the job, or ...
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Executors and Breach of Fiduciary Duty

After someone passes away, an executor or personal representative will be appointed to administer their estate during probate proceedings. The executor/personal representative will gather the ...
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What if an Heir Cannot Be Located?

When someone passes away, the probate process is usually straightforward. Once the decedent’s debts and taxes are paid off, the remaining assets are distributed to the heirs of the estate. Once ...
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Common Mistakes Made by Executors

Carrying out the job of an executor is no easy task. At first, it seems like an honor, but as time passes the executor soon realizes that it’s not all sunshine and roses. When people write their ...
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How a Living Trust Avoids Probate

If you are like most people, you want to leave as much money as possible to your spouse, children, grandchildren or other heirs, and you want to limit court costs and legal fees as much as possible so ...
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Why We Put Off Estate Planning

In April of 2016, Prince died without a will, meaning Prince died “intestate.” Considering the size of Prince’s estate, it could take years to sort out. The fact that Prince died ...
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Should Executors Hire Probate Attorneys?

If you have been appointed as an executor of an estate, you may be wondering if you really need a probate attorney. A job well done as an executor means you need to be good at math, and you must pay ...
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What Probate Has to Do With You

Probate is a court-supervised process where a decedent’s will is validated, an executor or personal representative is appointed, and the decedent’s affairs are wrapped up – all under ...
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Why Do People Avoid Probate?

If you are about to begin the estate planning process, you may be thinking ahead to probate and wondering, “Should I arrange my estate so that it avoids probate altogether?” This is a good ...
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Advantages of Probate Administration

If you are an heir or beneficiary to an estate, you may have imagined that receiving an inheritance is much like it’s depicted on film. The decedent’s heirs gather in the attorney’s ...
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Mistakes Made By Personal Representatives

Probate is a court-supervised process where an executor or personal representative pays off the decedent’s debts, transfers legal title of the decedent’s property to the heirs, pays the ...
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Reasons to Consider a Pour-Over Will

By drafting a will, you’re telling the world whom you want to receive your assets after you pass away. If you die without one, it’s up to the state to decide who gets what, regardless of ...
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Choosing an Executor for Your Estate

After you’ve spoken to an estate planning attorney and learned the basic concepts of estate planning, next you’ll need to consider which people will help you carry out your wishes for your ...
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What You Should Know About Estate Taxes

What is estate tax? As the owner of assets and property, it is a tax on your right to transfer your property when you die. The estate tax consists of an accounting of everything that you own or have ...
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Should I Avoid Probate?

You've probably heard all about the living trust and how it can be used to "avoid probate" when you pass away. Probate is the court-supervised process of validating a will, appointing an ...
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An Overview of Ancillary Probate

Settling your loved one's estate can be difficult, but conducting two separate probates in different states can be even harder. If a decedent lived in one state, and passed with solely owned ...
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Second Marriages, Blended Families & Probate

Second marriages can be rewarding on so many levels, namely a second chance at happiness. If you're like a lot of couples, you and your spouse have children from previous relationships, and you ...
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Fiduciary Duties of Estate Representatives

If you have been appointed as an executor or an administrator of an estate, in the eyes of the law you are what is called a fiduciary. A fiduciary is an individual whom another has placed a great deal ...
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What Happens When People Die Without a Will?

If you're considering meeting with an attorney to draw up the customary estate planning documents, you may be wondering what happens when people die without a will. First, it's important to ...
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What are the Grounds for a Will Contest?

While some families are transparent about their intentions over how their assets will be distributed upon their death, others keep the details to themselves and prefer to have their heirs learn about ...
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Are All Assets Subject to Probate?

What is probate? Probate is the court-supervised process of validating a decedent's will, paying off the decedent's debts, and ensuring that the decedent's assets go to the rightful ...
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Why You Need to Keep Your Beneficiaries Updated

When is the last time that you took a look at your beneficiary designations? If it's been a long time, you may find that the people you put down 5, 10, or 15 years ago are not who you would put ...
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Will I Have to Pay Inheritance Tax?

When a person passes away, they typically provide a will that designates heirs of their property and assets. In some states, taxes are placed on the property beneficiaries inherit. These states ...
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Avoid Costly Delays in Probate By Planning Now

Probate is used to distribute a decedent's assets and property to their beneficiaries. This process is often dreaded by those facing it. Not only is it emotionally challenging to navigate the ...
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