Wills and Probate

Will and probate attorneys focus on issues associated with the distribution of a deceased person’s property. Probate, or “probating a will,” is the court process by which a will is proved valid or invalid and involves lawyers and court fees that are paid from estate property. The process of probating a will is more complicated than you might think and involves significantly more than merely a list of what gets willed to whom. A typical will names specific beneficiaries; beneficiaries are person(s) who are eligible to receive distributions from a trust or will. It is advisable to appoint someone you trust to serve as the executor of your will, as the executor will manage your estate and ensure that the terms of your will are followed. It is important to note that beneficiaries will be responsible for tax payments if the estate is taxable. The American Bar Association provides further, more detailed information on the will process.

How an Estate is Settled if There is No Will

If you do not have a will the state government decides who gets your property and assets, referred to as “intestate succession” or “intestacy.” Intestate succession varies by state so it’s to your benefit to consult with a lawyer experienced in wills and estates legal services for the state in which you reside. An experienced attorney can ensure that your will is legal to the fullest extent allowed by the laws of your state. For more information on types of wills see our FAQ page.

Trusts

It has become fairly common to use a trust instead of a will to transfer high-value assets upon time of death.[citation] In a trust, you bequest, or “gift,” your personal property to a person or entity upon your passing away. A trust is different from a will mainly in that trusts usually allow you to avoid probate and/or estate taxes. Another benefit of a trust is that it stays private, unlike a will, which becomes public after the property owner dies. A basic estate plan or will addresses what happens to your property and your children upon your passing. More complex estate plans or wills can plan for what happens if you are in a position where you can no longer take care of your own affairs. Since the legal requirements of each state vary greatly it is essential that your will, trust, or estate plan is executed properly by an experienced attorney.

Related Posts
How to find a good lawyer
Lawyers are everywhere, each has her or his own expertise or specialised area in the fields of law that vary from civil, criminal or appellate litigation. Finding however a good ...
READ MORE
Divorce Legal Services
Divorce formally dissolves the legal marriage. The married couples do not have the constitutional rights to proceed for the divorce but the state laws permit the couples to divorce in ...
READ MORE
Buying or Selling real estate property
If you are not an expert in buying or selling a real estate property, you need the help of a sales agent to walk you through the entire process. You ...
READ MORE
Zoning laws – Avoid Zoning trouble
The primordial rule for business location is to never sign a lease for a business zone or space if you are not yet completely sure that you are legally allowed ...
READ MORE
What are the Dos and Don’ts when you are not able to pay rent on time
You don’t have to worry about getting evicted if you can’t pay rent on time. You won’t, not right away at least. It’s inevitable to run short on funds. It’s ...
READ MORE
Common Commercial Lease Terms
The commercial lease clauses are the written and binding agreement on the real estate you will rent for your business. It will help you avoid trap and negotiate for bargains ...
READ MORE
The Family and Medical Leave Act
Administered by the Wage and Hour Division, the Family and Medical Leave Act (FMLA) requires employers of 50 or more employees to give up to 12 weeks of unpaid, job-protected ...
READ MORE
Investing in commercial property: know the pros and cons
A commercial property, just like any other real estate, is a good investment. Examples of commercial properties include office buildings, retail buildings, industrial buildings, warehouses, apartment buildings, and properties that ...
READ MORE
Procedures when a law enforcement officer has reason to suspect a driver is intoxicated
Dui (DUI) means operating a automobile after consuming liquor or drugs that have affected a person's mental or engine skills. In most declares, a person will be considered "impaired" if ...
READ MORE
Medical records are important
Personal injury lawsuit is very expensive and time consuming legal endeavour. This type of lawsuit involves monetary claims for damages incurred by the victim as well as for the injuries ...
READ MORE
How to find a good lawyer
Appearing in Divorce Court
Buying or Selling real estate property
Zoning laws – Avoid Zoning trouble
Not able to pay rent on time? Dos
Common Commercial Lease Terms
The Family and Medical Leave Act
Investing in commercial property: know the pros and
Procedures after DUI
Medical records are important