Estate and Trust Lawyers in the USA
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- Inheritance Laws
Inheritance laws are determined on the state level. These laws come into effect when the person who died left no will or his or her will is invalidated due to not following legal formalities, being the product of undue influence or duress, the testator lacking the requisite capacity or for other reasons as determined under state law. Additionally, some inheritance laws take effect even if a valid will was left and if the will says something that contradicts state law.
- The Disadvantages of a Living Trust
Many financial service providers spout the advantages of a trust, promising that trusts can be used as an asset protection tool and can help your beneficiaries avoid the cost and expense of probate. However, living trusts also carry certain disadvantages with them, which should be carefully considered and weighed against the advantages.
- Components of a Good Estate Plan
A thorough estate plan should be designed to avoid probate, save on estate taxes, appoint someone to act for you if you become disabled, and protect assets if you need to move into a nursing home.
- Can I Avoid Probate?
Probate is a process in which a personís final affairs are wrapped up, debts are paid off and any remaining assets are distributed according to the terms of a will or the laws of intestacy if there is no valid will. During this time, assets are tied up as beneficiaries impatiently await their share. Probate can also be expensive and time-consuming. For these reasons, many individuals try to avoid probate through one or more of the following ways.
- What Are the Laws of Intestacy?
The laws of intestacy are the default rules that are followed to dispose of a personís probate estate after he or she dies. These laws are based on state statute. In order to avoid these laws, a decedent can make a will or otherwise dispose of the assets before or at death, such as through a living revocable trust or a testamentary trust.
- Digital Assets in Estate Planning
Many individuals account for their real estate, securities and tangible property as part of their estate plan. However, much of peopleís lives are now online, potentially leaving a personís digital assets unclaimed or even susceptible to theft. A comprehensive estate plan should address the handling of digital assets.
- Holographic Wills: Pros and Cons
Having a will helps prevent a testatorís estate from passing through the laws of intestacy. However, if the will is not executed properly, these rules can apply if the will is considered invalid or does not completely dispose of all property under the will.
- Contributing to Your Grandchildren's Future
When estate planning, gifting assets to your grandchildren can do more than help your descendants get a good start in life; it can also reduce the size of your estate and the tax that will be due upon your death.
- The Duties of a Trustee: How to Choose, How to Prepare
It is not unusual for a family member to be named as trustee for a trust that benefits a number of other family members. However, just because you are related to someone does not necessarily make him or her a good trustee.
- Setting up Your Wills and Trusts with an Estate Attorney
If you or someone you love is planning their estate, it can be a difficult and complicated process trying to wade through all the legal rules and regulations that pertain to writing your will and related documents. Setting up wills and trusts can be especially difficult because the task is often mixed in with a variety of issues such as ill health, complicated family histories, and other emotional dilemmas, which are commonly faced toward the end of a lifetime.