Estate Planning Lawyers in the USA
Estate Planning Lawyers in the USA ► Other Countries
All Articles »Estate Planning Lawyers USA - Recent Legal Articles
- 6 Circumstances where a Trust Will Serve You Better than a Will
A will is the cornerstone of a complete Florida estate plan, and may be useful for anyone with assets that they wish to pass along to others, as well as parents of minor children who will need a will to name guardians for their children.
- What Are the Requirements of a Valid Will?
In order for a will to be valid, it must comply with certain legal formalities. There are dire consequences of a will not following these formalities, including the decedentís estate being distributed according to the rules of intestacy and the will being completely ignored. While the legal requirements vary by state, here are some guidelines that many states have regarding the creation of a valid will.
- How Do Inheritance Laws Work?
Someone has passed away and that person's friends, family, and loved ones are left to sort out what to do with the things that are left behind. This can include both assets and liabilities. Whether a will was left or not, it is often important to understand how inheritance laws work in order to avoid disputes and keep anyone from being left with nothing but debt.
- What is the Difference Between a Will-based Plan and a Trust-based Plan?
Explaining the differences between a Will-based plan and a Trust-based plan so you can make an educated decision for your family about what is best for you and, ultimately, for them.
- Inherited IRAs and Creditor Protection
Your IRA is protected from creditors if you have to file bankruptcy, but what happens to that IRA if you die and leave it to a child? Many assumed that the inherited IRA retained that creditor protection in a childís bankruptcy. The United States Supreme Court ruled otherwise in Clark v. Rameker, 134 S. Ct. 2242 (2014).
- Will my Designated Beneficiary Receive the Proceeds from my Life Insurance Policy?
The answer should be yes, but if you have had major life events in your family, such as births, adoptions, divorce, marriage, or deaths, your loved ones may be in for a surprise. If you fail timely to update your beneficiaries, or fail to provide a paper trail showing your intent to keep them the same, you may unwittingly be disinheriting a child or benefiting an ex-spouse.
- Michigan Court Rules that Biological Relationship Not Necessary to Inherit as a Child
When is a child a child? The Michigan Court of Appeals has ruled that it is not necessary to establish a biological relationship in order to be treated as a child for intestate succession purposes. The laws of intestate succession provide a distribution plan for the assets of people who do not have a Last Will & Testament.
- New Rules for Estate Recovery in Wisconsin
In 2014, the rules regulating the Wisconsin Estate Recovery program were updated to allow Medicaid and other long-term care insurance programs to recover funds from recipients of such coverage after they have passed on by claiming parts of their estates.
- What Are My Rights Under Community Property Distribution?
While the majority of states require that assets be distributed in an equitable division upon divorce, community property states view all property that was accumulated during the marriage to be the equal property of both spouses.
- Why Everyone Should Have a Will
Everyone should have a will to ensure that your assets are distributed according to your wishes. Since the purpose of a will is to make clear your final wishes, it is important to consult a professional during this process to ensure this complicated process produces a clear and concise, legal document.