What effect does moving to a different state have on a will? What effect does moving to a different state have on a will? → Read More
How can I stop a family member from taking advantage of, and keeping me from seeing, our elderly relative? You have a few options in this situation. If you suspect that your mother or father is being abused, physically or emotionally, you can call your state’s protective authorities, who can investigate the situation. If you feel that it would be better to have someone else care for the person you’re concerned about or if you think there are financial irregularities going on, you can go to court and ask for a conservatorship of person and/or of estate. → Read More
If I die, I do not want my spouse to remarry until our children are grown. Is there anything I can do? Spouses cannot control the actions of the surviving spouse from the grave. In fact, most states will even strike down instructions placed in prenuptial agreements that give such instructions, given that the agreement becomes void upon your death. Keeping this in mind, you can still persuade your spouse to avoid remarrying through the use of conditions placed on the inheritance. → Read More
What is a bare trust? A bare trust is generally known as a trust in which the person receiving property, the beneficiary, is entitled to the income and the capital of the trust. The income is the amount that the property earns while it is held in trust for the beneficiary. The capital is the amount of property in the trust. → Read More
No-Contest Clause: Why Have One? In an effort to ensure their wishes are met and avoid disputes among family members a person may include what is called a no contest clause in a will or living trust document. The no contest clause is a legal specification that is designed to keep people from contesting the terms and statements of the will. → Read More
Deeding a Home to Your Kids Putting a child’s name on the deed in any manner’ by transferring the home to the child outright or making the child a co-owner (whether as a’tenant-in-common’ or a’joint tenant with right of survivorship’) gives the child a permanent ownership interest in your home. → Read More
If a person was mentally competent upon making a will and then becomes mentally ill, is the will still good? The relevant question concerning the validity of wills is whether the person was competent at the time the will was made and executed (signed before witnesses). If the person was competent at that time, there is a valid will. → Read More
What is a QTIP trust? A qualified terminable interest property trust (Q-Tip Trust) is a marital trust for which a federal estate tax election can be made so as to qualify the trust property for the marital deduction. A Q-Tip trust must meet specific federal requirements to be considered valid. → Read More
How can I find a deceased person’s annuity or life insurance policy? Locating annuity and life insurance accounts after someone’s death can be a difficult task. Fortunately, there are a number of techniques that can be used to find missing policies. First, it is important to have a little background on the different types of life insurance policies. → Read More
How do I change a living trust? A living trust is a trust established during the life of a person. All assets are deposited into the trust and removed from the possession of the original owner. This allows the owner to avoid probate upon his death, ensuring greater privacy for him and his family. One of the advantages of a revocable living trust is the right to change any of the trust terms during your life. There are four typical changes that can be made to a trust. → Read More
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