What is an implied trust?
An implied trust is a financial arrangement that has the characteristics of a trust without the formalities establishing one. An implied trust may not be expressly defined as a trust in a will or othe...
Estate Planning
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What happens if someone dies and his will is missing?
Missing wills raise all sorts of interesting legal issues which often turn on the specific facts and circumstances, and the law of the state in which the deceased resided. ...
How does probate work?
How does probate work, and is it always necessary after you die? Someone must initiate the process in court, and the probate court will oversee......
What happens if you die without a will?
What happens if you die without a will? For example, could your state take all your assets, or could one person claim it? If you......
Retirement Planning Advice for Women
Getting a head start on retirement planning is a smart move. It allows you to take steps today that will set you up for a......
Estate Planning Law
An estate plan includes all of the legal documents that outline how a person’s assets will be distributed after their death, including how heirs will......
Personal Representative’s Duties (What are they?)
Personal representative's duties controlled by the will and the probate laws of the state where the estate is being distributed. To find out more about the duties of a personal representative, click h...
How to Protect Assets through Life Insurance & Annuities
Life insurance and annuities may be used for asset protection as well as estate planning. Both federal and state laws include some exemptions for the cash value or the proceeds of life insurance....
Texas Wills, Living Wills & Living Trusts: An Estate Planning Guide
Several types of documents can be used in a Texas estate plan; wills, living wills, and living trusts are the most common....
Testamentary Trusts
A testamentary trust is a form of trust that is established in your will. Testamentary trusts will only go into effect upon your death. A testamentary trust can involve minor children or an incapacita...
Dividing Your Estate Among the Chosen Beneficiaries: Minimizing Confusion
It is essential to create a valid will and or trust to minimize the possibility of confusion among your chosen beneficiaries. ...
Types of Wills: Introduction
A will is a written or oral communication by a person stating how they want their property disposed of at death. There are several different types of wills....
Illinois Probate: The Basics
Illinois probate, the laws that deal with the collection and distribution of a dead person's estate, can seem complex and unapproachable. However, it is possible in many cases to approach Illinois pro...
Michigan Probate: The Basics
When a person dies in Michigan, the collection and distribution of their assets and property (collectively termed their'estate') is governed by Michigan probate law....
California Wills: Who Needs One and What Are Your Options?
A will is a legal document that expresses the desires of the author, or testator, with regard to the disposition of property after his or her death. But, who needs a will and what are your options if ...
California Probate: The Basic
When a California resident dies, the collection and distribution of their possessions is governed by California probate law. The probate process depends on the total value of the decedent's (deceased ...
Florida Estate Planning 101
Creating a proper estate plan in Florida isn't difficult - as long as you use the right attorney. We asked Sarah E. Peart, an attorney from Tampa Florida whose practice focuses mainly in the areas of...
Estate Planning: How Florida Law Differs From Other States
Estate planning laws vary by state and Florida legal experts say that if you relocate, you definitely have to look at the law of the state you are in to see if your Florida will is still valid. At th...
Creating, Changing & Revoking A Florida Special Needs Trust
How does a special needs trust fit into someone's general estate plan' and how do you go about creating, changing or revoking this kind of trust? To find out, we asked Sarah E. Peart, an attorney fro...
When a Person Dies without a Will in New York: How the Assets are Distributed and to Whom
If you want your property to go to certain individuals or groups after your death, (spouses children, friends, foundations), it is very important to make a Will. Without a Will, you are said to have ...
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