Probate Lawyers in the USA
Probate Lawyers in the USA ► Other Countries
All Articles »Probate Lawyers USA - Recent Legal Articles
- Transfer Real Estate Without Probate With a Lady Bird Deed
A Florida Enhanced Life Estate Deed — also known as the “Lady Bird Deed” because President Lyndon Johnson used one to pass property to his wife, Lady Bird Johnson – is an estate planning instrument that allows a property owner to maintain control of his or her real property and avoid probate when it is time to pass the property on to heirs.
- Why Would Probate Be Avoided?
Probate is a legal process that serves a purpose, but it comes with some drawbacks.
- What Are My Obligations as Executor?
The executor of an estate has many responsibilities. This individual may have been named in the will because the decedent placed particular trust in him or her. Alternatively, the court may have appointed this individual, believing that he or she could fulfill the duties the job entails.
- What Advantages Do Living Trusts Provide?
Many people think that trusts are only useful for the wealthy, but this is not the case.
- What Are My Rights as an Executor and Beneficiary?
Executors and beneficiaries to a will each have rights and responsibilities as promulgated under state law. Both have important roles in the probate process and mechanisms to ensure that their rights are considered by the court.
- What Are the Grounds to Contest a Will?
Because wills provide the final word from a decedent, courts are hesitant to step into the decedent’s shoes and attempt to speculate on his or her intentions. However, heirs may be unhappy with the terms of a will, especially if they are given a small portion of the estate or left out of the will completely. An individual may be able to contest a will if legal cause exists to do so.
- Do Children Have the Right to Inherit?
Whether a child has the right to inherit largely depends on whether the person who died has a valid will or not. With a will, the testator determines how he or she wants probate assets handled. Without a will, state laws of intestacy govern.
- 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.
- What Is the Process of Probate?
The probate process is the legal process that is undertaken after a person dies. This process helps to identify the individual’s rightful ownership interests, pay off remaining debts and distribute property in accordance with the will or the laws of intestacy. This process involves several stages.