Estate Planning Law Articles

Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Estate Planning.

What Happens if I Need a Guardian?

  September 21, 2017     By HG.org
A guardian is a person who is given legal authority over another person because of reason of incapacity. If a court determines that a person is...
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What Are the Duties of a Trustee?

  September 21, 2017     By HG.org
A trustee is the person who administers a trust. He or she has many duties and obligations to the grantor or settlor of the trust.

Estate Planning for Young Families

  September 20, 2017     By HG.org
Individuals who have young families have special considerations. They often need to take specific and direct steps to protect their spouse and...

Italian Citizens Living Abroad: Inheritance Planning

  September 20, 2017     By Babino, Falcone & Falcone
The recent European legislation (Reg. UE n. 650/2012), which entered into force the 17th of August 2015, could be considered a breakthrough in...

Problems with Using Fill in the Blank Wills

  September 20, 2017     By HG.org
Some office supply stores and websites offer inexpensive fill-in-the-blank wills that seem like an affordable alternative to having to pay an...

Treating Children Fairly in Wills

  September 20, 2017     By HG.org
Many individuals leave an inheritance to their children. They may be concerned about how to treat their children fairly in their wills in order...

What Are the Risks and Benefits of Naming a Power of Attorney?

  September 18, 2017     By HG.org
A power of attorney is a legal designation in which one person gives another person, the agent, the right to make certain decisions on his or...

Elder Financial Abuse: Protecting Those Who Can No Longer Take Care of Themselves

  September 14, 2017     By McNeely Stephenson
When the media reports on elder abuse, physical abuse almost always seems to come to the forefront, and for good reason: the physical safety of...

How to Modify a Will

  September 13, 2017     By HG.org
A will is an important estate planning document that instructs an executor about how to dispose of the property a person owns at the time of his...

What is a Special Needs Trust and when Should I have One Made?

  September 11, 2017     By HG.org
A special needs trust is a special type of trust that is used to supplement the needs of someone with a disability without causing him or her to...

Estate Freeze Litigation Concerns in Ontario, Canada

  September 8, 2017     By Wagner Sidlofsky LLP
If you ask the typical accountant about an estate freeze, he or she will tell you that smart people who are in a growth business are well...

Accounting for Digital Assets in Your Estate Plan

  September 7, 2017     By HG.org
Today, many individuals own a substantial amount of their assets online or through other intangible means. Failing to account for these digital...

What is a Small Estate Administration Process?

  September 6, 2017     By HG.org
When a person dies, his or her will is submitted to the probate court. The process that follows includes having the will probated, notifying...

Disinheriting Children in a Last Will and Testament

  September 4, 2017     By HG.org
A last will and testament allows a person to specifically designate individuals whom should receive his or her property. By having a will, the...

Are You Ready to Exit Your Business? But Is Your Business Ready?

  September 1, 2017     By NM Law, APC
Let’s say that a buyer came to you and offered you plenty of cash for your business that would give you total financial security…would you sell?

Does an Advance Medical Directive Have to be Followed?

  August 30, 2017     By HG.org
An advance medical directive allows a person to write out specific healthcare decisions that they want to make based upon certain conditions,...

The Testamentary Trust in Costa Rica

  August 29, 2017     By ERP Lawyers & Associates
The Costa Rican Commerce Code is one of the most evolved regulations in our Civil Law. For this reason, trade in Costa Rica has received a large...

Saving Private Practice: Preserving Income after Departure

  August 28, 2017     By NM Law, APC
A professional practice (dental, medical, legal, etc.) is unlike any other type of business in that it is not freely transferable and it cannot...

Pre-Immigration Tax Planning for Moving to the U.S.

  August 28, 2017     By Silver & Co., U.S. Tax Attorneys
A person who is neither a United States citizen nor resident can take certain actions that significantly impact the exposure to U.S. tax....

Challenges to Effective Business Succession Planning

  August 24, 2017     By NM Law, APC
A business exit strategy, or a succession plan, requires a strong organized plan for the unexpected. That includes preparing for contingencies...

Are Handwritten Wills Valid?

  August 23, 2017     By HG.org
Because states did not want to make it more difficult for individuals to dispose of their property, many of them allow for handwritten, or...

Legal Effects of Untimely Deaths and their Involvement with Real Estate

  August 23, 2017     By HG.org
The untimely death of a loved one is a trying time for family and friends. However, when this occurs without a will, trust or other legal...

When is an Oral Will Valid?

  August 18, 2017     By HG.org
In most cases, it is recommended that a will be put in writing. This creates more credibility and indicates more clearly how the testator’s...

Can Promises Be Enforceable after Death, in Ontario Canada?

  August 16, 2017     By Wagner Sidlofsky LLP
The answer to the question posed in the title is – sometimes.

How Do You Get a Power of Attorney in Queensland?

  August 16, 2017     By Carter Capner Law
Oftentimes, when there's an issue of a disputed wills in Queensland, one question that invariably comes up is how an individual can get power of...

How to Account for Property in Another State

  August 15, 2017     By HG.org
In today’s mobile world, many people own property that is located in other states. They may own a vacation home or may keep certain personal...

My Wife Stipulated Me as the Father on her Will to her Two Sons, but her Family is Challenging it.

  August 15, 2017     By HG.org
Family and adoption laws are often complicated in the United States. If there is no legal action taken for children to be adopted by a...

Inheritance of Real Property and Partition Actions

  August 15, 2017     By HG.org
When an heir receives inherited property, there are several actions that may arise or transpire after probate or other legal activity has...

Contract with a Funeral Home went Against My Wishes, Employer gave Decision, I Don’t Understand Why

  August 15, 2017     By HG.org
When someone dies, it is important to understand what wishes must be adhered to, and who is responsible for final rights and preparations. This...

Planning Your Estate

For most of us, leaving a meaningful legacy for our loved ones after our passing is very important. Yet the process of considering what to leave...

U.S. Tax Court Ruling Limits Foreign Earned Income Exclusion

  August 11, 2017     By Silver & Co., U.S. Tax Attorneys
Many US citizens and residents living overseas take advantage of up to approximately $100,000 a year in foreign earned income exclusion...

U.S. Tax Court Resolves Long-Outstanding Tax Issue: Is the U.S. Tax Citizen Living Abroad Subject to Capital Gains?

  August 11, 2017     By Silver & Co., U.S. Tax Attorneys
For decades it has been unclear whether a U.S. citizen or green card holder ("U.S. Person") who resides abroad and who sells stock for a gain is...

U.S. Tax System: FATCA. FBAR. PFIC. Trump, Give Us a Break!!

  August 10, 2017     By Silver & Co., U.S. Tax Attorneys
Few are the examples where the multi-level complexity of the U.S. tax system can be seen as is the case with the regulation and taxation...

Advanced U.S. Estate and Tax Issues for Non-U.S. Persons

  August 10, 2017     By Silver & Co., U.S. Tax Attorneys
The U.S. estate tax and U.S. gift tax are similar but not identical taxes. The estate tax is a tax on what a person owns at death (the estate)....

The Extorting Executor in Ontario, Canada

  August 9, 2017     By Wagner Sidlofsky LLP
Is it normal for an executor to ask that a beneficiary sign a release and indemnity prior to paying out the inheritance? Executors can ask, but...

Basics of Estate Planning

  August 9, 2017     By Flat Rock Law Firm
At some point in everyone's adult life, thought needs to be given to your estate plan.

How Much Can I Gift Before Gift Tax?

  August 9, 2017     By Flat Rock Law Firm
Not to be confused with Estate Tax, Gift Tax is a tax on the transfer of any assets such as cash or property or other to another person without...

Estate Planning and Wills in a Multi-jurisdiction Setting for Taiwanese Citizens

  August 7, 2017     By Brain Trust International Law Firm
Taiwanese citizen residing in Taiwan can make use of a Will made under Common Law to allow their executor to administer assets located in...

Prenuptial Agreements and Cross-cultural Relationships between Australian and Taiwanese Nationals

  August 7, 2017     By Brain Trust International Law Firm
In our modern world, it is common for foreign nationals to marry people from different countries. Such relationships occur regularly between...

Helping Your Widowed Parent Organize Their Assets

  July 27, 2017     By Law Offices of Jayme L. Levy LLC
The loss of a loved one can be devastating, especially when it is a parent. In order to help your elderly parent cope with the passing of his or...

Advanced Directives and Why You Need One

  July 24, 2017     By Williams Law Group, LLC
No one knows what the future holds, in fact thinking about the future can be a scary thing, especially when considering your health as you get...

Death and Mortgage

  By HG.org
Mortgages are the standard in obtaining financing or refinancing a home for repair, initial purchase and remodeling. It is not often that the...

Will Divorce Hurt My Credit Score in New Jersey?

  July 24, 2017     By Cores & Associates, LLC
The divorce process in itself will have no impact on your credit score. What can however affect your credit score is the financial actions of...

Role of Prenuptial Agreements and Estate Planning in Second Marriages

  By HG.org
Statistics indicate that many individuals will be in a second, third or subsequent marriage. Getting married the second time around is often a...

Can the Hospital Authorize Treatment Without My Consent when I Am My Husband’s POA for Healthcare?

  By HG.org
Many individuals have a power of attorney document drafted on their behalf. This document is often considered a fundamental cornerstone of an...

What Should You Know about Wills

Life is full of unexpected twists and turns, and sometimes catastrophic events like an unexpected passing happen suddenly. Most people do not...

Can You Compel an Executor in Canada to Sell?

  July 11, 2017     By Wagner Sidlofsky LLP
A parent dies and the adult children become equal beneficiaries of the residue of the parent’s Estate. The Estate is primarily made up of...

When Someone Is Misusing Someone’s POA, Is that Fraud or Elder Abuse?

  By HG.org
When someone is misusing a power of attorney, there may be many types of legal claims that can be made.

What to Do When Your Loved One Dies Without Leaving You Any Instructions

  June 30, 2017     By Kalish Law Texas
It is very common for people to avoid talking about death. Unwillingness to do so can also be greater in certain age groups, or cultures. When a...

Why Settling the Estate Before Death Is Vital

  By HG.org
When someone dies, it is important that there is a legal document that may be enforced to provide for the surviving dependents or others that...

Ten Practice Tips for Handling Complex Probate

It’s difficult but not impossible, and there is a lot to be said for taking a methodical approach to handling complex probate.

Fifty Tips for Writing the 21st Century Contract that Stays Out of Court

Welcome to the 21st Century. Where practicing law requires us to don the garb of computers and the Internet. And where litigation is as costly...

Colorado Probate and Estate Tax Laws

  By HG.org
When someone passes away, it is important that the matter is settled quickly and easily so that the family and other dependents are given time...

How Do You Amend a Will in New Jersey?

With life expectancy being longer and more people getting divorced circumstances can change from when your first will was created.

Can the Mortgage Holder of the House I Shared with My Spouse Pursue Me for Collection?

  By HG.org
Sometimes two people may be living together in one home and the owner of the home may pass away. When the individuals own the property as joint...

Selling the Family Home after Your Surviving Parent Dies

When the last surviving parent of an adult child passes away, the family home often needs to be sold.

Can a U.S. Creditor Reach My Foreign Inheritance Deposited in a Foreign Bank?

  By HG.org
Keeping creditors from snatching money from just any bank account is important for many. There are many states that have authorized protections...

Passing the Estate to Nonfamily Members: Expert Witness

  By HG.org
In some situations, a person may wish to pass his or her property to a business partner, friend, church member or other individual outside of...

New Jersey Estate Tax Law

As well as paying inheritance tax if you are the named recipient in a will people of New Jersey are also subject to additional Estate Tax if the...

Prenuptial Agreements and Digital Assets: Why You Need to Plan for Them

  By HG.org
Today’s society largely stays in touch over social media and other electronic means. Individuals may share a number of digital assets or may...

What Is a “Transfer on Death Deed” and Should I Use It?

  By HG.org
There are many documents that may be created and used to permit the passing of property, assets and funds from one person to another upon the...

Can a Co-Trustee of a Family Business Trust Eliminate the Other Co-Trustees?

  By HG.org
Some family businesses are held in trust which allow trusted trustees to protect the asset so that the business is not adversely affected by...

Expert Witness: How to Properly Plan for Wills and Estates to Avoid Contest

  By HG.org
Planning for the future when death is inevitable is often fraught with complications when there are family members that may contest the last...

Property through Intestacy Risks

  By HG.org
An estate plan is essential when creating property or structures on land. Without a plan on what may occur when the holder is unable to perform...

What Does Texas’s Community Property Law Mean for Your Divorce?

Under Texas law, most assets that either spouse acquires during a marriage will be deemed community property when the spouses divorce. If you...

Expressing Your Wishes and Mitigating Tensions Through Letters of Intention

The estate planning process can be an overwhelming experience for clients. After all, we are discussing a pretty unpleasant topic (your ultimate...

Expert Witness on Testamentary Capacity

  By HG.org
Experts are often needed when a will must be analyzed either before or after the person has died. Testamentary capacity is regarded as the legal...

How Do I Plan My Estate if I Have Property in Different Countries?

  By HG.org
Estate planning is the process of determining how to treat property upon a person’s death. This process is often complicated if a person has...

Changing Beneficiary Designations after a Divorce

Divorces are never easy. Aside from the emotional aspects of it that are always difficult to deal with, there are many practical things to...

Someone Broke a Contract

Did a client, vendor, bank, corporation or partner break a contract? Did you break a contract? When someone breaks a contract it's described as...

Wills Must Be Respected in UK, as the Supreme Court Ruling on the Challenge by Heather Ilott Reminds Us

The well documented case of Heather Ilott and her attempt to overturn her Mother’s will appears to have come to an end with the Supreme Court...

What Are the Benefits of a Joint Will in New Jersey?

If you have assets that you want to pass onto spouse should anything happen to you then you may have considered a joint will.

Are Irrevocable Trusts in New Jersey a Good Idea?

Although there are some circumstances where a revocable trust is useful it is usually not necessary.

Estate Laws in New Jersey

Estate laws in New Jersey are changing as of 2017. The estate laws are expected to be repealed altogether during the 2018 calendar year.

Can You Avoid the Gift Tax in New Jersey?

If you have left anything of value in your will to gift to a loved one in the event of your death, then you should be aware that in the State of...

How Do You Update Your Estate Plan in New Jersey?

If you have an estate plan in place, the likelihood of circumstances changing over the course of time is high.

The Predatory Marriage Phenomenon

At the age of 26, an actress married an 89-year-old millionaire. She called it love. Others called it a “predatory marriage.” She sued his...

Jordan’s Judicial Authorities Branch

The constitution of the Hashemite Kingdom of Jordan clearly states that the judicial branch of the country is independent while judges only...

What Are Common New Jersey Real Estate Laws?

Whether selling or buying knowing the common NJ real estate laws is important to help you to make the right legal decisions. As the process is...

Undue Influence – When Is a Will or Power of Attorney Considered "Unduly Influenced"?

  By HG.org
Undue influence can cause a vulnerable person such as an elderly person or individual with cognitive impairment to change his or her will or...

How to Create a Valid Power of Attorney in Ghana

In Ghana, Powers of Attorney are governed by the Power of Attorney Act 1998, Act 549.

What Is a Probate Notice in New Jersey?

If it cannot be clearly decided as to whom the recipients of a will are then assets will be taken into probate until it is decided how...

Due Diligence Process

  By Torrente
The due diligence is one of the most important aspects when purchasing a property. There are at least three kind of due diligence.

Estate Planning with Revocable Living Trusts to Avoid Probate

Probate is a costly, stressful, time consuming process that many estates must go through upon the death of a loved one. Luckily, with proper...

Evicting Tenants for Non-Payment: English and italian Procedure

Eviction is a process that allows a landlord to lawfully remove a tenant from the leased premises. Most of the time eviction proceeding can be a...

Remember to Include Incapacity in Your Estate Plan

The purpose of estate planning is to guide the transfer, and management, of your property in a manner that makes sense for your family. While it...

What Is Power of Attorney in New Jersey?

Perhaps one of the most vital, and frequently neglected, aspects of personal and estate planning is legal and financial protection, in the event...

What is the Value of a Verbal Agreement

  By HG.org
When making a verbal agreement, it is important to understand that these are considered as binding contracts between parties for the specific...

The Trust in Costa Rica: A Matter of Confidence

When investing money, when looking for financing, and even, when you want to safeguard your heritage or own assets for the benefit of your loved...

How to Avoid a Will Dispute in New Jersey

Unfortunately, it’s a tale as old as time. A death in the family, and in the midst of mourning, the fights start as the will is read. Although...

Why Is a Successor Trustee Necessary in New Jersey?

A trust is an effective tool in estate planning. One of the most popular trust types is a revocable living trust. It offers the creator a...

Alternatives to Filing a Guardianship in Texas

If you are the caregiver for a person who is a minor, or who has an illness or other condition that causes them to be unable to manage their own...

How to Terminate Joint Tenancy in New Jersey

What is joint tenancy? It’s a form of joint possession of property. It’s similar to tenancy in common, however, the difference is that joint...

Non-resident Beneficiaries of Spanish Assets Have the Opportunity to Apply for a Tax Refund

If you were a beneficiary of someone who left assets in Spain but you were not yourself a resident of Spain you may have paid a higher rate of...

The Importance of the Last Will in Costa Rica: A Document that Should Not Be Left to Chance

Most of us get up every day with many things in mind: work, family, responsibilities, studies, all kinds of plans, concerns, joys, good or bad...

Actionable Misrepresentation, Contractual Estoppel, and the Unobstructed Sea View in Hong Kong

Hong Kong has one of the most expensive housing markets in the world. If you are an owner of a property enjoying an unobstructed sea view, you...

What Assets Do and Don’t Have to Go Through Florida Probate

Because the process of distributing assets is complex, with many potential pitfalls, it is vital that you seek the advice and services of an...

Inheritance Procedure in Romania for UK citizens

Inheritance and succession issues in relation to UK citizens with assets in Romania are one of the areas about which we are being asked more and...

Pitfalls of Estate Planning by Deed

The motivation appears to be a desire to avoid probate, but probate may be the least of one’s problems if one utilizes any of the above...

Undue Influence: A Form of Elder Abuse

A proactive approach in this situation is to meet with a qualified estate planning attorney to guide the individual through the estate planning...


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