What is a Medicaid trust?
While modern medicine provides frequent breakthroughs for disabled patients, a long-term disability can be very costly for an estate. In fact, many modern couples may spend down their entire estate pa...
Estate Planning
Special Needs Trusts Overview
To qualify for most government programs, there are strict limits on the special needs individual's income and assets. Inherited assets are counted when looking at what assets are available to a specia...
Resulting Trusts
It's always the goal of the court to follow the wishes of the deceased person, so resulting trusts are a very common occurrence. The first, and most common way a resulting trust occurs is when a trust...
Administering a Living Trust
The simple answer to this question is: very carefully. As trustee/administrator to a living trust, you are considered liable for any substantial damage to the trust. Ideally, the grantor kept a trust ...
What is a bypass trust?
A bypass trust is a trust designed to contain property that bypasses the surviving spouse's estate thereby avoiding inclusion in that later estate. Bypass trusts are especially useful for spouses with...
What is a special trust?
A special trust requires the trustee to actively execute the settlor's instructions. These actions to execute a special trust can include selling the trust property and using the proceeds to pay off d...
What is a unit trust?
Unit trusts are created with both wealth management and estate planning in mind. A unit trust is not actually a “trust” at all, but rather a form of mutual fund. A unit trust differs from a regula...
Where There’s a Will: Fixing Mistakes in the Making of a Last Will & Testament
Despite all the care that some people put into their wills, it is inevitable that a will sometimes will contain a mistake or an error. When a will doesn't serve its purpose of fulfilling the intent of...
What goes on in the probate of an uncontested will?
A hearing on the probate petition is typically scheduled several weeks to months after the matter is filed. It may be necessary to bring the persons who witnessed the deceased's signature on the will ...
Will Contests
A will contest occurs when someone challenges a will and asks that it be thrown out as invalid. Although they are relatively rare, will contests do occur. They can only be brought by a person with sta...
What Happens if a Person Dies Without a Will?
If someone dies without leaving a valid will, the person is said to have died intestate - that's legalese for without a will - the property she held in her own name as his or her own separate property...
Will paramedics follow the instructions in my living will if they are called to my home?
Paramedics who come to your assistance when 911 is called will not change their response based on a living will. Paramedics are not doctors. Their job is to stabilize the patient and transport him or ...
When There Are Not Enough Assets to Cover the Deceased’s Debts, and There Is a Will
When someone dies and there is a Will, the Will controls that person's financial affairs after death. It distributes his or her assets. But before any money can be distributed to beneficiaries of th...
How to Revoke Your Living Trust
Although a revocable trust, or living trust, makes the process sound simple, you may not know exactly what you need to do to dissolve or revoke your living trust. ...
Statutory Will
A statutory Will is a “fill-in-the-blank” and “check the boxes” Will form that is easy to fill out, inexpensive to prepare, but very limited in use. An example of a statutory Will is reproduce...
Can a difficult/disruptive patient be forced to leave a nursing home against his or her wishes?
Can a difficult/disruptive patient be forced to leave a nursing home against his or her wishes?...
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