Estate and Trust Lawyers in the USA
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All Articles »Estate and Trust Lawyers USA - Recent Legal Articles
- What is the “Residue” of a California Probate Estate?
What does residue mean as a legal definition, and how is it important in a California probate lawsuit?
- Finding the Right Probate and Estate Attorney
When it comes to dealing with the loss of a loved one, one of the last things that any family member wants to do is call a probate or estate attorney. This is understandable given that the family is grieving with the loss. Finding a lawyer should be not be a complicated matter. Finding the right lawyer to handle an estate, whether it requires planning or for the will to be probated, however, requires due diligence.
- Estate Planning: Choosing Per Stirpes or Per Capita Distributions
“Per Stirpes” literally means “by roots or stocks; by representation” and is used interchangeably with “right of representation” by estate planning attorneys when referring to a particular method for distributing assets of a decedent. Another common method for distributing assets is referred to as “per capita”. Using ther method, each member of the same generation of a decedent will receive an equal share of the decedent’s estate.
- Benefits of a Financial Power of Attorney
Many of our estate planning clients have heard about a Financial Power of Attorney but are not clear as to why they should have one or how they might benefit from having this legal document. At the outset, it is important to consider, “Who takes care of my financial interests if I become incapacitated and unable to handle my own financial affairs?”
- What Are the Rules Governing Helpers Receiving Money or Gifts from Their Elderly Patients/Clients?
It is not unusual for an elderly patient to develop a close and trusting relationship with a health aid or other helper. The patient may wish to show appreciation by offering gifts. However, there are many considerations concerning this act that must be evaluated before the patient ventures to offer a gift to someone of this nature.
- Estate Planning - What You Need To Know
Find out how an estate plan can protect your family and what should be in your estate plan.
- A House Divided: Avoid Estate Planning Disaster
Your relative's estate plan is a mess - but your family doesn't know this yet. Planning isn't really the problem: there is no planning. And if there's no planning, then a house will pose a special challenge.
- Abused Beneficiaries: Decoding the Language of Probate and Trust Litigation
In California as elsewhere, most people are generally unwilling participants in estate disputes. There's no difference whether the dispute entails trust litigation, probate litigation or a Will Contest.
- A Look at Legacy Planning
Legacy planning is a thorough, comprehensive approach to the estate planning process.
- What Is a Constructive Trust?
A trust is a mechanism in which one person can transfer ownership of certain properties during his or her life of after death. A trust is subject to the provisions an instructions in the trust document. However, some trust are formed based on the conduct of the parties and their intentions as opposed to the official wording of a trust document. Constructive trust are formed as a remedy to prevent unfair results.