When does a will have to go through probate?
When a person passes away and leaves behind a will, there are certain set procedures and formalities that must be followed in order to legally account for and distribute the estate among beneficiaries...
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What if I No Longer Own What I’ve Willed?
Willing either something you no longer own or more property than you own can complicate settlement of your estate, and the rules for dealing with this situation vary widely from state to state....
Joint Will
A joint will is one that two people make together, each leaving all of their property and assets to the other. It also covers the situation when the second person dies. ...
Special Needs Trusts: Eligibility for Federal & State Assistance
If you have a child with special needs, you want to be sure that once you are gone, he or she will be well taken care of. Special needs individuals under the age of 65 are eligible for Medicaid, Suppl...
What does group life insurance cover?
Group life insurance covers the lives of multiple persons such as some or all employees of a business, members of a labor union, or members of an association. Depending on the group life insurance pol...
Can a public school require a physical exam before admitting a student?
Requiring a physical examination is often standard practice before a child may be admitted to school. The requirement for such a medical exam is usually upheld by the courts, but there may be caveats....
What is specific performance?
Specific performance is a remedy sought in civil court, instead of money. It requires a defendant to actually go through with a certain action he promised to do, instead of just paying money for not k...
When Trustees Waste or Steal Trust Assets
Breach of fiduciary duty by a trustee, which can range from poor investing to outright theft, can be monitored, prevented, and remedied. As a beneficiary of the trust, you have the right to request a ...
What is replevin?
Replevin, also known as claim and delivery, is a law that allows people to use a lawsuit or some other legal means to recover goods that they believe are rightfully theirs and that are being withheld ...
What are the different types of marks?
The word 'trademark' actually applies to several types of business marks. These include: trademarks, service marks, certification marks, and collective marks....
What types of interest payments are tax deductible?
The question of what types of interest payments are tax deductible used to be a simple one, but since 1986, the law governing tax deductible interest payments has become very complicated. The general ...
What is a simple trust?
Trusts are generally created as a way to manage property, such as cash or real estate, and transfer it to someone else at a certain point in time. A simple trust, also known as a bare trust, is one to...
Jurisdiction and Venue: Selecting the Right Court
Determining the appropriate jurisdiction and venue in which to file a lawsuit can be like trying to figure out a 1000 piece jigsaw puzzle. Some jurisdictional requirements are fairly straightforward. ...
Beneficiaries: How to Dissolve or Modify an Irrevocable Trust
Many states have laws within the probate code that allow the beneficiaries to dissolve or alter the terms of a trust under certain circumstances. For example, the trust may be modified if the intended...
What kind of recovery can I expect from a lawsuit?
The amount of recovery you can expect from a lawsuit is going to depend solely on the type of case you are bringing and on the extent of your damages. There is no average recovery amount, since every ...
Power of Attorney Abuse: What to Do if Someone You Know is Affected
Power of attorney abuse is relatively common, and can range from serious to minor incidences. Unfortunately, the control that a person with power of attorney has over the principal's finances invites ...
A Will Prepared by an Attorney
A will prepared by an attorney is individually designed and professionally crafted for you....
Do I have to pay a reward I offered for a lost item if I think the person who returned it stole it?
If you offer a reward to the public in return for information regarding the return of an object, and someone subsequently provides you with what you have requested, you are legally obligated to follow...
What does a will usually contain?
While a last will and testament can be as simple as a few sentences stating your intent, there are some traditional provisions that tend to make the probate process smoother and eliminate any ambiguit...
IRS Tax Debt Settlement
We've all seen the television advertisements from companies claiming that they can settle Internal Revenue Service (IRS) tax debt for pennies on the dollar. Are these claims of tax debt relief simply...
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