The “probate” process, as it is often referred to, involves judicial officials, such as the Surrogate’s Court judges, appointing a fiduciary upon proper application to administer a decedent's estate. While state Surrogate Court laws may vary, the general process is quite…
When a testamentary dies, a personal representative (executor) makes a public record of the date of death, which may even be published in a local newspaper. In part, this information serves as notice to creditors if the decedent has an outstanding…
An elder law attorney can help you plan for the future, whether you have an older adult loved one or are concerned about your own financial health and well-being. Elder law is a highly specialized area of law focusing on…
In many cases, your home is your most valuable asset. You want your children to inherit that value when you pass. However, you are also concerned about planning for the future, declining health, and the potential need for expensive long-term…
Regardless of whether you need to appoint someone to be your own estate's executor or whether you are chosen as the executor of someone else’s estate, you need to think about the complexity of the task and the order in…
To keep assets from disappearing or being claimed by a creditor, your estate plan should include measures that protect the future inheritance of your children and grandchildren. A simple way to achieve inheritance protection is through a trust. A trust…
A will is a legally binding directive and states who will receive your property upon your death and is an important part of a comprehensive estate plan. If you die without one (intestate), the state will distribute your assets and…
Although probate sounds expensive and complex, it is a standard legal procedure which formalizes how some assets pass from decedents to the heirs or beneficiaries of their choice. Whether or not you require probate depends on the type of property…
While a variety of family circumstances can increase the risk of intra-family litigation, there are two main reasons. The first is when families disagree with how to handle a mentally incapacitated family member. The other is when, after death, disagreements…
When a loved one dies with a will, their will lays out who shall receive their property, and which person (called the Executor) will be in charge of settling the estate. For many reasons, beneficiaries can feel slighted by what…
