Estate Planning Law Articles

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

Why All Parents Need a Will

  December 15, 2017     By Lem Garcia Law
When you’re young and healthy, creating a will isn’t something that is high on your to do list, but it should be. You’re a responsible parent...
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Effective Ways to Avoid the Probate Process in the U.S.

  December 12, 2017     By HG.org
When someone dies, the probate process is often used to take care of the decedent’s final expenses and to distribute his or her remaining...

How to Make a Will in Australia

  December 12, 2017     By Qld Estate Lawyers
A last will and testament, often referred to simply as a "will," is a legal instrument designed to distribute a person's assets, money, and...

Yes, Urban Area Is Transforming in Turkey; But How about the Elaboration of Risks?

  December 4, 2017     By Serap Zuvin Law Offices
As a rapidly developing country with an emerging economy, Turkey spends substantial efforts to increase its activities in a variety of sectors;...

Importance of Business Succession Planning at the Beginning

  November 30, 2017     By HG.org
Business succession planning is the process of deciding what will happen to your business when you no longer are able to or desire to run it....

Top 12 Reasons Why You Need an Estate Plan

  November 29, 2017     By Lem Garcia Law
Many people think estate planning isn’t for them, but the reality is that estate planning is for everyone. No matter how young you are or how...

Problems Procrastination May Cause with Estate Planning

  November 29, 2017     By HG.org
Estate planning is the process of drafting documents that set out instructions regarding what happens when a person dies or becomes disabled....

Blended Families Need Estate Planning Too

  November 16, 2017     By HG.org
Today’s family structure is much different than it was many years ago. A large number of families are now blended with married spouses and...

Paying Attention to Details in Your Estate Plan and Importance of an Estate Planning Lawyer

  November 16, 2017     By HG.org
The estate plan is crucial to ensure either retirement is comfortable, or that heirs are taken care of after the estate owner has passed on, and...

Estate Planning: What About the Intellectual Property?

  November 16, 2017     By Law Office of Vasilios Peros, P.C.
Despite good intentions, many people do not get serious about completing their estate planning and estate documents until late in life. Even...

How Stretch IRAs are Used as an Estate Planning Tool

  November 15, 2017     By HG.org
Estate planning is essential for those with assets that the owner wants to leave behind or to extend into his or her later years, and some of...

ABLE Accounts for Families with Special Needs

  November 10, 2017     By HG.org
Families who have children with special needs often try to plan ahead to anticipate the needs of the child with disabilities. It is often very...

Facts about a Special Needs Trust

  November 10, 2017     By HG.org
Special needs trusts are designed to help individuals have a better quality of life while retaining eligibility for government benefits....

Advantages of Using a Trust over a Will

  November 10, 2017     By HG.org
Many people opt to use a trust or a will as their primary estate planning tool. Both of these documents serve important roles in a person’s...

Simple Methods to Reduce Probate Costs

  November 7, 2017     By HG.org
Probate is a process in which a last will and testament is approved by the court. The executor is appointed by the court. The executor is...

Estate Planning Considerations for Single People

  November 7, 2017     By HG.org
Individuals who are single may mistakenly believe that they do not need an estate plan. It is crucial that single individuals take into...

Funding Revocable Trusts: Why It's Important

  November 3, 2017     By HG.org
Funding a revocable trust is an important aspect of creating the trust and it being valid in the future. If the grantor fails to complete this...

Spouse in Long-Term Care and the Need to Update Estate Plan

  November 3, 2017     By HG.org
There are certain times when individuals need to update their estate planning documents like their will, trust or power of attorney...

Importance of Naming Contingent Beneficiaries in Estate Planning Documents

  November 3, 2017     By HG.org
Beneficiaries may be named in a number of estate planning documents. A named beneficiary often helps assets to transfer outside the probate...

What Are the Uses for a Miller Trust?

  November 1, 2017     By HG.org
A Miller Trust is a special type of trust that adjusts a person’s income downward, usually in an attempt for the individual to retain...

Importance of Funding Your Trust and What Can Happen if You Fail to Do So

  October 27, 2017     By HG.org
Funding a revocable trust is an important aspect of creating the trust and it being valid in the future. If the grantor fails to complete this...

Cohabitation in the UK: Where Are We Now?

  October 24, 2017     By Vardags Solicitors
The debate as to whether legal status should be afforded to cohabiting couples is one that refuses to go away. Per the Office for National...

Can I Put a Trust in My Will?

  October 20, 2017     By HG.org
Many people choose to have either a trust or a will. However, others may actually include a trust within a will. This is often referred to as a...

What Is Business Succession Planning?

  October 20, 2017     By HG.org
When someone has a company, small business or an organization that accrues revenue, he or she may be able to transfer the ownership of the...

Estate Planning When You’re Committed Without Marriage

  By HG.org
Planning for an estate when the owner and his or her significant other are not married is often complicated. Keeping a will, testament or other...

Matters Affecting Small Estate Administration

  By HG.org
Small estates usually only deal with a few dependents or surviving family members. This means that there are only so many issue that may rise,...

Three Types of Trusts: Differences and Similarities

  October 18, 2017     By HG.org
Trusts are created usually to assist heirs with managing or acquiring assets that may bypass probate or other legal concerns such as dependents...

What New Parents Need to Know about Wills

  October 16, 2017     By HG.org
Every parent should have an understanding of how will work and why one is necessary. Unfortunately, over half of all United States citizens have...

How Can I Legally Pass My Business to My Heirs?

  October 16, 2017     By HG.org
Passing a business to family members or dependents is possible depending on how it is accomplished. This means there are legal means to ensure...

Effect of Failing to Account for Unborn Children in an Estate Plan

  October 12, 2017     By HG.org
When building an estate plan, it is crucial to account for unborn children when their conception is known. Without planning for these children,...

Dispersing the Assets of a Small Estate

  October 12, 2017     By HG.org
Smaller estates usually have less administration complications than their larger counterparts. However, administration considerations should be...

Your Special Needs Child and Estate Planning

  October 10, 2017     By HG.org
When there are children with special needs that may inherit or are dependent on the estate owner, certain provisions are necessary in the estate...

Why It’s Important to Factor Long-Term Care into Your Estate Plan

  By HG.org
When creating an estate plan, it is important to include and consider long-term care as part of this. This is vital when later in life the...

When Irrevocable Trusts can be Modified

  October 4, 2017     By HG.org
Based on the circumstances, it may be possible to modify irrevocable trusts even though they are generally unchangeable. There are five...

Explanations of Irrevocable Trusts

  October 3, 2017     By HG.org
An irrevocable trust is one that may not be modified once it has been created, so it cannot be revoked, amended, changed or altered in any way....

What Are Transfer on Death Deeds?

  By HG.org
In order to bypass the process of probate when someone dies, the owner of a property may name a beneficiary through a transfer on death deed....

What Life Events Trigger a Need to Change My Estate Plan?

  By HG.org
An estate plan often consists of a will, durable power of attorney, advance directive and durable power of attorney for health care. However,...

How to Select a Trustee, Executor and Agent

  By HG.org
When creating estates, trusts and other items necessary to see the long-term success of an estate or individual, it is important to know how and...

Tips for Executors of Wills

  By HG.org
An executor of an estate is someone who is named or appointed to carry out the final wishes of the testator after his or her death. The steps...

What to Do when a Disability Disrupts Your Estate Plan

  September 25, 2017     By HG.org
Disabilities may occur at any time in the life of an individual. Because of this, it is important to plan properly and adjust the estate plan...

How Trusts can help a Person who has a Drug Problem

  By HG.org
A trust is a legal document in which the grantor appoints a trustee to hold the legal title to property on behalf of a beneficiary. These...

Action Items for the Estate When a Solo Physician or Dentist Dies

  September 22, 2017     By Matt Dickstein, Business Attorney
When a solo physician or dentist dies, the doctor’s estate must figure out what to do with the practice. Because the doctor practiced solo,...

What Is the Application of Dower and Curtesy?

  By HG.org
Dower and curtesy are antiquated terms that refer to married spouses’ property rights. These rights most often arise in situations involving...

What Happens if I Need a Guardian?

  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...

What Are the Duties of a Trustee?

  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

  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

  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

  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?

  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

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

  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?

  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...

Accounting for Digital Assets in Your Estate Plan

  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?

  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

  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?

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?

  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,...

Saving Private Practice: Preserving Income after Departure

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.

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

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?

  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...

Loose Slips of Paper Not a Valid Will in Berlin

When it comes to wills, it is important to observe certain formal requirements. According to the Kammergericht (KG) Berlin [Higher Regional...

Legal Effects of Untimely Deaths and their Involvement with Real Estate

  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?

  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...

Animal Shelter Effectively Designated as Heir in Will in Germany

It is not possible for animals to inherit, but the same does not hold true for animal shelters. That being said, a clearly drafted will needs to...

How Do You Get a Power of Attorney in Queensland?

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

  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.

  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

  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...

Funeral Home Breach of Contract

  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

Many US citizens and residents living overseas take advantage of up to approximately $100,000 a year in foreign earned income exclusion...

Assessing Claims to a Compulsory Portion of Inheritance in Germany

If close relatives of a testator are excluded from inheriting in a will or contract of inheritance, they are still entitled to their share of...

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

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!!

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

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)....

Basics of Estate Planning

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?

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

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

In our modern world, it is common for foreign nationals to marry people from different countries. Such relationships occur regularly between...

Wills in the Case of Unmarried Couples in Germany

The Bundestag, Germany’s lower house of parliament, has voted in favour of what it is referred to in Germany as “Ehe für alle” (marriage for...

Helping Your Widowed Parent Organize Their Assets

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

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?

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...

Making Arrangements for One’s Estate Early on With a Will or Contract of Inheritance in Germany

Inheritance is set to become an ever more important topic in the coming years, which is why it is more crucial than ever to think about the...

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

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.

Properly Preparing a Will in Germany

There are clear rules in Germany determining who will inherit. In the absence of a will or contract of inheritance, the rules of intestate...

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...


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