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JOTWELL - The Journal of Things We…

JOTWELL - The Journal of Things We Like (Lots)

Edited by University of Miami School of Law Professor Michael Froomkin, The Journal of Things We Like (Lots)–JOTWELL–invites law professors to join us in filling a telling gap in legal scholarship by creating a space where legal academics will go to identify, celebrate, and discuss the best new legal scholarship.

http://jotwell.com/
  • Apr 24

    Bricolage Jurisprudence

    Bricolage Jurisprudence
    Brian BixMost people who use the terms at all treat “jurisprudence” and “legal philosophy” as interchangeable terms. In “Why Jurisprudence is Not Legal Philosophy,” Roger Cotterrell argues for a distinct…
  • Apr 22

    Fair Use Safe Harbors?

    Fair Use Safe Harbors?
    Michael C. Donaldson, Refuge From The Storm: A Fair Use Safe Harbor For Non-Fiction Works, 59 J. Copyright Soc’y U.S.A. 477 (2012), available at SSRN.Pam SamuelsonSo much has been written on the fair use case law in the U.S. that…
  • Apr 21

    An Intimate Look at the Rise of Data Totalitarianism

    An Intimate Look at the Rise of Data Totalitarianism
    Dave Eggers, The Circle, Vintage Books (2014).Niva Elkin-KorenOne of the greatest challenges faced by cyber scholars and policymakers is how to predict the undesired social consequences of technological developments and to design the best…
Rank this Week: 66

Wills, Trusts & Estates Prof…

Wills, Trusts & Estates Prof Blog

By Gerry W. Beyer.

http://lawprofessors.typepad.com/trusts_estates_prof/
  • Apr 24

    Long Term Care Tax Break

    Long Term Care Tax Break
    A long-term care insurance (LTCi) policy may help people reduce the amount they pay in taxes. At the same time, it also provides valuable insurance coverage that can help someone stay in their home, protect their retirement, and ensure…
  • Apr 24

    Article on Privacy Protection in Digital Asset

    Article on Privacy Protection in Digital Asset
    Jeehyeon Jenny Lee (Columbia University Law School) recently published an article entitled, Death and Live Feeds: Privacy Protection in Fiduciary Access to Digital Assets, (Apr. 7, 2015) Columbia Business Law Review, Forthcoming. Provided…
  • Apr 24

    Family Files Suit Against Attorney Reaping Millions From Will

    Family Files Suit Against Attorney Reaping Millions From Will
    When Robert Mardigian wanted to put his financial affairs in order, he turned to his longtime friend and attorney, Mark Papazian. Mr. Papazian subsequently drafted a will and trust that left the bulk of Mardigian’s fortune to Papazian and…
Rank this Week: 139

The Ohio Trust & Estate Blog

The Ohio Trust & Estate Blog

Covers estate tax, marriage, medicaid and probate. By Michael D. Bonasera.

http://www.bonasera.org
  • Dec 18

    TOMMY!

    TOMMY!
    So I’ve not posted for a while.  In fact, you’ll note that I mention in the below post that my son was about a month from arriving…  Well, arrive he did.  On 6/18/2012 Tommy arrived and, smiling almost ever…
  • May 8

    Sad Update

    Sad Update
    Its been a while since I’ve written anything here and, though I fully intend to get back to it in the coming months, a couple sad events required mentioning: MCA died last Friday.  The number of tributes available on the web make this…
  • Aug 16

    So Many Great Blogs, So Little Time

    So Many Great Blogs, So Little Time
    My Google Reader account is getting pretty full-up.  There’s so many great resources out there for estate planning that it’s getting hard to keep up!  It’s a nice problem to have I guess…
Rank this Week: 261

California Tax Attorney Blog

California Tax Attorney Blog

Covers tax controversies involving the IRS and California Franchise Tax Board, as well as California probate, estate planning matters and business transactions. By Mitchell A. Port.

http://www.californiataxattorneyblog.com/
  • Sep 2

    Test Entry

    Test Entry
    Testing schedule feature
  • Aug 30

    For Federal Tax Purposes, All Legal Same-Sex Marriages Will Be Recognized

    For Federal Tax Purposes, All Legal Same-Sex Marriages Will Be Recognized
    The U.S. Department of the Treasury and the Internal Revenue Service (IRS) ruled yesterday that same-sex couples, legally married in jurisdictions that recognize their marriages, will be treated as married for federal tax purposes. The ruling…
  • Dec 29

    Gifts Made By Personal Check

    Gifts Made By Personal Check
    A check written in 2012 that does not clear until 2013 is at risk of being a 2013 gift, not a 2012 gift, since the donor could have stopped payment in 2013 before it cleared. The issue with using checks to make gifts is that until the check…
Rank this Week: 372

The Probate Lawyer Family Feud…

The Probate Lawyer Family Feud Blog

Covers celebrity and true case stories on probate litigation. By Andrew Mayoras.

http://www.probatelawyerblog.com/
  • Apr 23

    Sofia Vergara Lawsuit Teaches Lesson For Couples Using IVF

    Sofia Vergara Lawsuit Teaches Lesson For Couples Using IVF
    It began with an anonymous court filing pitting “John Doe” against “Jane Doe.” It didn’t take long for Jane and John to be identified publicly as Modern Family‘s Sofia Vergara and creator of the Onion…
  • Apr 8

    Celebrity Legacies: Blurred Lines Surround Marvin Gaye Estate

    Celebrity Legacies: Blurred Lines Surround Marvin Gaye Estate
    There's nothing like a hit song to keep heirs dancing down the road to the bank -- even when that song wasn't written, composed, or sung by the celebrity singer who died. The heirs of Marvin Gaye hit it big with a judgment against Robin…
  • Mar 30

    "Was He A Hero?" And Other Questions Surround Chris Kyle's Estate - The American Sniper

    "Was He A Hero?" And Other Questions Surround Chris Kyle's Estate - The American Sniper
    As the movie, American Sniper, enjoys box office success, questions and controversies surround the estate of Chris Kyle. One of his biggest critics is Jesse Ventura, the always-outspoken former professional wrestler and potential presidential…
Rank this Week: 388

Florida Probate Litigation

Florida Probate Litigation

Covers corporate trustees, compensation disputes, contested guardianship proceedings, creditors' claims, homestead litigation, will construction litigation, and trust and estates litigation. By Juan C. Antunez.

http://www.flprobatelitigation.com/
  • Apr 20

    Tax Court: Will a faith-based arbitration clause disqualify your trust for tax purposes?

    Tax Court: Will a faith-based arbitration clause disqualify your trust for tax purposes?
    Mikel v. Comm’r, T.C. Memo. 2015-64, 2015 WL 1518063 (U.S.Tax Ct. April 6, 2015) We aren’t doing our jobs as estate planners if we don’t anticipate — and plan accordingly for — the structural…
  • Apr 6

    4th DCA: Is a spousal undue influence claim impossible under Florida law?

    4th DCA: Is a spousal undue influence claim impossible under Florida law?
    Blinn v. Carlman, — So.3d —-, 2015 WL 1223665 (Fla. 4th DCA March 18, 2015) (trial-court order) Who bears the burden of proof is often a decisive factor in will contests. Why? Because your single most important witness…
  • Mar 20

    Interview with a Probate Lawyer: Richard L. Pearse, Jr.

    Interview with a Probate Lawyer: Richard L. Pearse, Jr.
    Richard L. Pearse, Jr. of Pearse & Stinson, P.A. in Clearwater, Florida, was on the winning side of Kemp & Associates, Inc. v. Chisholm, an interesting 5th DCA opinion I wrote about here involving a woman’s failed attempt to…
Rank this Week: 554

North Carolina Estate Planning…

North Carolina Estate Planning Blog

Covers legal issues relating to wealth transfer, asset preservation, probate, and taxation. By Greg Herman-Giddens of Trust Counsel, P.A.

http://www.ncestateplanningblog.com/
  • Apr 9

    Last-Minute Estate Planning in North Carolina

    Last-Minute Estate Planning in North Carolina
    Forbes cited a survey in 2014 that revealed 51% of Americans aged 55 to 64 do not have an estate plan. Sometimes a health crisis prompts an individual to create a plan for bequeathing their assets. However, hastily making changes to an estate…
  • Apr 7

    Tax Planning for North Carolina Business Succession

    Tax Planning for North Carolina Business Succession
    While transferring business interests can have tax consequences, structuring a business succession plan with regard to tax law can help minimize tax burdens associated with business transfers to surviving family members when a business owner…
  • Mar 30

    10 Things to Ask Your Accountant: Small Biz Webinar

    10 Things to Ask Your Accountant: Small Biz Webinar
    Our tax attorneys in Chapel Hill recently reviewed the advantages and disadvantages of investing or gifting your tax refund, tax issues when settling an estate, and ways to protect yourself from tax preparer fraud. As the tax season filing…
Rank this Week: 586

Florida Estate Planning Lawyer…

Florida Estate Planning Lawyer Blog

Covers estate planning, probate, taxes, elder law, business law and employment law issues. By Law Office of David M. Goldman PLLC.

http://www.floridaestateplanninglawyerblog.com/
  • Nov 10

    Estate Planning for Out-of-State Property

    Estate Planning for Out-of-State Property
    If you live in Florida and own property in another state an ancillary administration will be necessary upon the death of the owner(s) of that property. This special probate administration will be in addition to the administration you have…
  • Oct 29

    Revocable Trusts and Asset Protection

    Revocable Trusts and Asset Protection
    Many times we get questions from clients asking if their revocable trust provides asset protection from creditors. The answer to this is the typical legal answer "It Depends". That is it depends on who owes the money. In Florida a…
  • Oct 28

    Florida Probate Intake form

    Florida Probate Intake form
    Many of our clients have asked us to put our Florida Probate Intake form online so that they can easily download it. You can download the Florida Probate Intake form with the following link: Probate Intake Form.pdf
Rank this Week: 566

New York Probate & Estate…

New York Probate & Estate Litigation Blog

Covers probate news, procedures and resources. By Philip M. Bernstein.

http://www.nyprobatelitigation.com/
  • Apr 19

    Digital Life After Death, A Question For The Future

    Digital Life After Death, A Question For The Future
    Your lawblogger recently attended a seminar given by Evan Carroll, the author of  “Your Digital Afterlife”,  a book speaking to the growing issues that have arisen as our activities on line have continued to branch out…
  • Mar 31

    Cubs Star Ernie Banks Will Leaving Estate To Caregiver Ruled Valid

    Cubs Star Ernie Banks Will Leaving Estate To Caregiver Ruled Valid
    The Star Tribune has reported today that Ernie Banks, all star shortstop of the Chicago Cubs who died January 23rd at the age of 83 has left his estate to his caregiver Regina Rice. Banks made his will last October and the witnesses reported…
  • Mar 2

    Court of Appeals to Hear Missing Will Case

    Court of Appeals to Hear Missing Will Case
    The Estate of Robyn Lewis reported in the Watertown Daily Times  presents a state of facts perfect for a bar examination question.  When Robyn Lewis and her husband James Simmons divorced in Texas in 1966, Robyn retained ownership…
Rank this Week: 715

Utah Estate Planning

Utah Estate Planning

Covers estate planning, probate, trusts and wills in Utah. By Jason C. Hunter.

http://www.utahestateplanning.typepad.com/
  • Aug 22

    The Joy Of Inheriting Appreciated Property

    The Joy Of Inheriting Appreciated Property
    When you inherit property, such as a house or stocks, the property is usually worth more than it was when the original owner purchased it. If you were to sell the property, there could be huge capital gains taxes. Fortunately, when you…
  • Aug 21

    When PODs Go BAD

    When PODs Go BAD
    Are payable on death accounts a simple way to pass assets to heirs or are they a mistake? It sure sounds simple. With a payable on death account or paid on death account, you name a beneficiary who gets the account when you die—no probate,…
  • Aug 20

    QPRT Consideration

    QPRT Consideration
    Among those with wealth primarily concentrated in their home or investment portfolio, there are two types of trusts designed to transfer wealth to heirs and save taxes by removing the assets from the estate. In effect, this reduces the amount…
Rank this Week: 592

Florida Probate Lawyer Blog

Florida Probate Lawyer Blog

Covers estate, guardianship, probate and trust litigation. By Law Offices of Adrian Philip Thomas.

http://www.florida-probate-lawyer.com/probate
  • Apr 14

    BUT YOU AGREED TO MAKE ME THE BENEFICIARY!

    BUT YOU AGREED TO MAKE ME THE BENEFICIARY!
    Whether in the context of a divorce proceeding or when a couple is preparing their estate planning together, some people agree to a contract to subsequently make a Will or Trust that names another as the primary beneficiary.  This…
  • Apr 6

    Probate Creditor Claims in Florida

    Probate Creditor Claims in Florida
    ADDRESSING THE ISSUE OF CREDITOR CLAIMS FROM THE VIEWPOINT OF THE PERSONAL REPRESENTATIVE One of the significant issues a Personal Representative of an Estate needs to address is that of the claims against the Estate by creditors. To…
  • Mar 18

    Exploitation of the Elderly

    Exploitation of the Elderly
    Fla. Stat. § 732.518 provides that “[a]n action to contest the validity of all or part of a will or the revocation of all or part of a will may not be commenced before the death of the testator.”  Essentially
Rank this Week: 991

New York Probate and Estate…

New York Probate and Estate Administration Blog

Published by Stephen Bilkis & Associates

http://www.newyorkprobateestateadministration.com/
  • Mar 31

    petitioner Seeks Interpretation of Tax Clause in Will

    petitioner Seeks Interpretation of Tax Clause in Will
    The executors have requested construction of several provisions of Mrs. VK’s will admitted to probate in 1969. IProbate Lawyers said the principal problem concerns the meaning of the tax clause. Since the bulk of the estate consists of…
  • Mar 30

    Petitioner Alleges Decedent's Guardian Failed to File Certain Report

    Petitioner Alleges Decedent's Guardian Failed to File Certain Report
    A Probate Lawyer said that, in a probate proceeding in which the administrator, in effect, petitioned pursuant to SCPA 1809 to determine the validity of certain claims against the estate of the decedent, also known as the petitioner appeals…
  • Mar 29

    Testatrix Intended to Donate Entire Estate to Charity

    Testatrix Intended to Donate Entire Estate to Charity
    A Probate Lawyer said that, this is an appeal from an order of the Appellate Division of the Supreme Court in the Second Judicial Department (229 App. Div. 809, 242 N. Y. S. 621), entered May 22, 1930, modifying and affirming as modified a…
Rank this Week: 832

Georgia Wills and Probate Law Blog

Georgia Wills and Probate Law Blog

Features news and thoughts on issues in Georgia regarding wills, advance directives, living wills, healthcare powers of attorney, guardianship, and probate. By Stephen Worrall.

http://www.georgiawillslaw.com/
  • Nov 18

    We're Moving!

    We're Moving!
    I am consolidating the content of all of our blogs at our Georgia Family Law website. Please join us there for new posts and to find all of our old posts.
  • Aug 9

    Atlanta Attorney Says Prepare Now For Year-End Changes to Estate Tax Law

    Atlanta Attorney Says Prepare Now For Year-End Changes to Estate Tax Law
    The expiration of key laws in Congress may expose more local individuals to estate or “Death Taxes” after their passing.  Atlanta attorney, Steve Worrall explains these anticipated changes, as well as steps Georgia residents can take now…
  • Aug 9

    Atlanta Attorney Says Prepare Now For Year-End Changes to Estate Tax Law

    Atlanta Attorney Says Prepare Now For Year-End Changes to Estate Tax Law
    The expiration of key laws in Congress may expose more local individuals to estate or “Death Taxes” after their passing.  Atlanta attorney, Steve Worrall explains these anticipated changes, as well as steps Georgia residents can take now…
Rank this Week: 1093

Michigan Estate Planning Lawyer…

Michigan Estate Planning Lawyer Blog

Covers trusts, probate, elder law, and estate planning. By Witzke Berry Carter & Wander PLLC.

http://www.michiganestateplanninglawyerblog.com/
  • Sep 24

    Tax Filing Tips for Same-Sex Couples in Oakland County

    Tax Filing Tips for Same-Sex Couples in Oakland County
    Tax filing tips as a result of the Windsor ruling on same-sex couples By Marc Wander Cincinnati residents James Obergefell and John Arthur lived together and were in a committed and intimate relationship for more than 20 years. When John…
  • Sep 24

    Obamacare: GOP’s NEW plan to repeal and replace

    Obamacare: GOP’s NEW plan to repeal and replace
    Obamacare proposed to be repealed and replaced in GOP’s new bill By Mike Witzke A health-care bill will be unveiled by the Republican Study Committee in the House of Representatives to replace Obamacare. (Related: Gifts for…
  • Sep 24

    Gifts for Caregivers: Music, Magazines and Informative Video

    Gifts for Caregivers: Music, Magazines and Informative Video
    Gifts for caregivers are a great way to show your appreciation of their hard work! By Chris Berry Music is another one of the many wonderful gifts for caregivers. It has been show to help heal, reduce stress, and enhance … Continue…
Rank this Week: 828

Toronto Estates & Trusts Monitor

Toronto Estates & Trusts Monitor

Discusses the complications, pitfalls, and the overall state of affairs of trusts and estates in Canada. By Megan F. Connolly.

http://www.torontoestatemonitor.com/
  • Mar 7

    A Faulty Settlement and Some Buyer's Remorse

    A Faulty Settlement and Some Buyer's Remorse
    The recent decision of the Superior Court of Justice in the Murphy Estate considers what happens when parties to a proceeding settle a matter on the basis of faulty facts and one of the parties suffers from “buyer’s remorse”. 
  • Mar 5

    Some Tips on Paying Estate Debt

    Some Tips on Paying Estate Debt
    One of an estate trustee’s duties is to pay the debts that a deceased individual owed when he or she died.  As I have previously discussed, the estate trustee is generally not personally liable for the deceased’s debts – they are paid…
  • Feb 29

    Expecting An Inheritance? You Might Not Be Getting One

    Expecting An Inheritance? You Might Not Be Getting One
    Investor’s Group, a financial services company in Canada, recently released the results of a survey regarding people’s expectations when it comes to receiving an inheritance or leaving one to others. 
Rank this Week: 1019

California Trust, Estate & Probate…

California Trust, Estate & Probate Litigation

Covers estate planning, probate, trusts and wills. By Albertson & Davidson LLP.

http://www.californiatrustestateandprobatelitigation.com
  • Apr 23

    Can You Escape a California No-Contest Clause?…Probably…

    Can You Escape a California No-Contest Clause?…Probably…
    Under California law, no-cotest clauses in California Trust and Wills have been substantially limited in their applicability.  In most cases they simply will not apply.  But even when a no-contest clause does apply, it may still be…
  • Apr 16

    Top 8 Must Know Facts for Every California Trustee

    Top 8 Must Know Facts for Every California Trustee
    If you are a California Trustee, here are eight must know facts for your to properly administer your Trust and keep yourself safe from any personal liability: 1.  Know Your Duties Being a Trustee is a thankless job.  You owe many…
  • Apr 9

    Can You Prove It? Shifting the Burden of Proof in California Will and Trust Case

    Can You Prove It? Shifting the Burden of Proof in California Will and Trust Case
    Do you have the evidence required to prove your case in Court?  Why not make the other side prove it instead?  Under California law, there are time when you can shift the burden of proof onto your opponent.  In this video,…
Rank this Week: 1268

Kuhn and Kuhn Law Firm Blog

Kuhn and Kuhn Law Firm Blog

Covers estate planning.

http://www.kuhnandkuhn.com/blog/
  • Apr 23

    What Is the Marital Deduction?

    What Is the Marital Deduction?
    Estate planning typically requires a consideration of a number of factors that will ultimately impact the plan, including the tax implications of a proposed estate plan. Federal gift and estate taxes, for example, can diminish the value of an…
  • Apr 21

    Can Someone Contest a Trust Like They Do a Will?

    Can Someone Contest a Trust Like They Do a Will?
    Ideally, when you die your estate plan will kick in and provide a roadmap for the disposition of all your estate assets during the probate process that follows your death. Sometimes, however, the probate process does not run as smoothly as…
  • Apr 16

    How Long Does the Probate Process Take in South Carolina?

    How Long Does the Probate Process Take in South Carolina?
    At some point in your life you will likely be involved in the probate process in some capacity. You may be appointed as the executor in someone’s Last Will and Testament, named as a beneficiary by a decedent, or be a creditor of an…
Rank this Week: 1263

Mendel Law Firm Blog

Mendel Law Firm Blog

Covers estate planning.

http://www.mendellawfirm.com/blog/
  • Apr 22

    Thought for the Day:

    Thought for the Day:
    Perfection is not attainable, but if we chase perfection we can catch excellence. Vince Lombardi
  • Apr 22

    Amending a Trust

    Amending a Trust
    For many people an estate plan includes much more than a simple Last Will and Testament. Although there are numerous estate planning tools and documents that can be incorporated into an estate plan, some are used more than others. Trusts, for…
  • Apr 21

    Texas History – Do You Know Who Was the First Woman Elected Mayor of Dallas?

    Texas History – Do You Know Who Was the First Woman Elected Mayor of Dallas?
    Annette Strauss became Dallas’s first elected woman mayor. She was born in Houston, Texas, graduated from the University of Texas at Austin in 1944. Strauss served as mayor from 1987 to 1991. She was the second female mayor –…
Rank this Week: 1255

New York Probate Lawyer Blog

New York Probate Lawyer Blog

By Jules Martin Haas.

http://www.newyorkprobatelawyerblog.com/
  • Apr 22

    New York Estate Debts Must Be Paid By a Fiduciary

    New York Estate Debts Must Be Paid By a Fiduciary
    Executors and Administrators appointed by the Surrogate’s Court have many duties and responsibilities. New York Estate Lawyers who represent fiduciaries typically assist their clients in connection with determining and paying estate…
  • Apr 15

    New York Kinship Proceedings Require Adequate Proof of Family Relationship

    New York Kinship Proceedings Require Adequate Proof of Family Relationship
    Estate attorneys in New York are familiar with statutes that provide for the distribution of estate assets to a person’s next of kin. These persons are known as distributees.  Estates, Powers and Trusts Law Section 4-1.1 entitled…
  • Apr 8

    A New York Power of Attorney May Not Be Used Improperly To Transfer Bank Account

    A New York Power of Attorney May Not Be Used Improperly To Transfer Bank Account
    Estate Attorneys in New York are familiar with the use of a Durable Power of Attorney to assist with various activities. Sometimes a power is signed by a principal to assist with a specific transaction such as the sale or purchase of real…
Rank this Week: 1798

Texas Wills and Trusts Law Online

Texas Wills and Trusts Law Online

Covers issues relating to wills, trusts, estate planning, and probate in Texas. By Rania Combs.

http://www.texaswillsandtrustslaw.com
  • Apr 20

    Who Are Your Beneficiaries?

    Who Are Your Beneficiaries?
    Who are your beneficiaries? When was the last time you updated your beneficiary designations? If you’re like most Americans, it’s probably been a really long time! Unfortunately that can lead to disastrous results. For example, I…
  • Apr 10

    Can I Rewrite a Deceased Person’s Will?

    Can I Rewrite a Deceased Person’s Will?
    I received a message from someone this week whose husband had passed away seven years earlier leaving a Will that gave all his worldly possessions her. However, she never had the Will probated. I’m not sure what circumstances caused her…
  • Apr 1

    Wacky Wednesday: Wills That Make You Go “Hmmm…”- Harry Houdini

    Wacky Wednesday: Wills That Make You Go “Hmmm…”- Harry Houdini
    NB: This post is part of a series highlighting wills that contain some interesting, and sometimes bizarre, bequests and stipulations. You can see all these posts here. Have you ever gotten a psychic reading? According to a 2005 Gallup Poll,26…
Rank this Week: 1292

Estate Planning and Elder Law Blog

Estate Planning and Elder Law Blog

Covers estate planning, elder law, and probate topics in New York. By the Law Offices of Roman Aminov.

http://www.aminovlaw.com
  • Apr 16

    Opening a Safe Deposit Box After Death in NY

    Opening a Safe Deposit Box After Death in NY
    I often receive phone calls from clients who had recently lost a loved one and, among other things, are confused about how to access the decedent’s safe deposit box. A common concern is that the loved one kept their last will in the…
  • Mar 9

    Frequently Asked Probate Question

    Frequently Asked Probate Question
    As a probate lawyer, I am often asked many important questions about the probate process. I have decided to make a list of some of the most frequent questions in an effort to help people understand the process better. What is Probate? Probate…
  • Jan 27

    Spending Down Assets to Qualify for Medicaid Nursing Home Care

    Spending Down Assets to Qualify for Medicaid Nursing Home Care
    Medicaid nursing home care is a means-based program, which means that the government looks at your income and assets to determine eligibility. Since you can’t gift away your assets and qualify for nursing home care for up to 5 years,…
Rank this Week: 1911

San Diego Estate Planning Lawyer…

San Diego Estate Planning Lawyer Blog

Covers estate planning topics such as conservatorship, guardianship, health care and advanced directive, living trusts, and probate. By Law Office of Scott D. Soady, A Professional Corporation

http://www.sandiegoestateplanninglawyerblog.com/
  • Apr 10

    “Undue Influence” Can Undo Your Estate Planning Intention

    “Undue Influence” Can Undo Your Estate Planning Intention
    Your deathbed is not the right place to make a will or begin the estate planning process. Individuals who are hospitalized or dying are often subject to the undue influence of others. California courts may invalidate a will or other estate…
  • Mar 22

    The Importance of Managing Trust Asset

    The Importance of Managing Trust Asset
    A living trust can help provide for both you and your children. Married couples often establish a joint trust to manage their assets during their lifetimes, and when one spouse dies, the other spouse may continue to benefit from the trust. A…
  • Mar 20

    Addressing “Joint” and “Community” Property in Your Estate Plan

    Addressing “Joint” and “Community” Property in Your Estate Plan
    California is a “community property” state. This means any property acquired during a marriage belongs to the spouses equally. In the event of divorce, any community property must be divided between the spouses. Of course, a…
Rank this Week: 1427

New York Trusts & Estates…

New York Trusts & Estates Litigation Blog

Discusses recent cases and developments pertaining to New York trusts and estates law. By Farrell Fritz.

http://www.nyestatelitigationblog.com/
  • Mar 30

    Court Enjoins Trustees from Going to Texas for a “Second Bite at the Apple” to Stop Beneficiaries from Inheriting

    Court Enjoins Trustees from Going to Texas for a “Second Bite at the Apple” to Stop Beneficiaries from Inheriting
    In Levien v Johnson, the New York County Surrogate’s Court recently enjoined the trustees of a testamentary trust from proceeding in Texas to challenge the adoptions of two adults, Parvin Johnson, Jr. and Kenneth Ives, by the grandsons…
  • Feb 19

    In re Lawrence: What the Court of Appeals Says About Gifts from Client to Lawyer

    In re Lawrence: What the Court of Appeals Says About Gifts from Client to Lawyer
    On October 28, 2014, the Court of Appeals rendered its long awaited decision in In re Lawrence, reversing the decision by the Appellate Division in which it was held that (1) a revised retainer agreement, under which the law firm received 40%…
  • Nov 25

    In Terrorem Provisions That Violate Public Policy

    In Terrorem Provisions That Violate Public Policy
    In terrorem clauses generally provide that, where a beneficiary under a testamentary instrument unsuccessfully challenges the instrument’s validity, the beneficiary will forfeit any interests obtained under the instrument. Testators…
Rank this Week: 1601

Berk & Moskowitz P.C. Blog

Berk & Moskowitz P.C. Blog

Features articles, news, tips and other information about Arizona probate law.

http://berkmoskowitz.com/blog/
  • Feb 26

    Arizona Supreme Court Clarifies Anti-Deficiency Statute

    Arizona Supreme Court Clarifies Anti-Deficiency Statute
    Since the downturn in the Arizona real estate market and increase in the number of loan defaults and foreclosures, lenders and borrowers have fought over the interpretation of Arizona’s so-called anti-deficiency statutes. Disputes…
  • Feb 24

    Lessons from Robin Williams’ Trust Dispute

    Lessons from Robin Williams’ Trust Dispute
    After the passing of a loved one, family members and friends normally gather to find solace or to celebrate the person’s life. Or at least that is the order and manner in which most people would wish to be remembered. To this end of…
  • Feb 11

    Beneficiaries Disinherited for Filing Trust Contest in Violation of Forfeiture Clause

    Beneficiaries Disinherited for Filing Trust Contest in Violation of Forfeiture Clause
    Beneficiaries beware!  The Arizona Court of Appeals has concluded that someone who challenges a trust may be disinherited for violating a “no-contest” clause. A no-contest or forfeiture clause is a provision included in a…
Rank this Week: 1804

South Florida Estate Planning Law

South Florida Estate Planning Law

Covers South Florida estate planning, probate and tax law issues. By David Shulman.

http://www.sofloridaestateplanning.com/
Rank this Week: 1593

All About Estates

All About Estates

Covers estates, trusts, tax, litigation, guardianship and elder care.

http://www.allaboutestates.ca/
  • Jun 11

    A medical perspective on Estate matters – a chastened viewpoint

    A medical perspective on Estate matters – a chastened viewpoint
    I am very pleased to join the Allaboutestates blog to add a perspective on the role of the physician in estate matters. I recall vividly the first time I was asked in court: “Dr. Shulman, in your opinion did Mr. X have testamentary…
  • Jun 10

    Who is Your Daddy?

    Who is Your Daddy?
    I think it is safe to say that the concept of “family” is a foundational principle in estate planning. I think it is also safe to say that, when asked, all of us would have a very clear understanding of what is meant by the term…
  • Jun 9

    POA- Personal Care: Part 1/2

    POA- Personal Care: Part 1/2
    My work is with the living. POA’s are critical documents that are designed to support your wishes, while you are alive. Wills deal with your wishes, after you are dead.
Rank this Week: 1928

Spencer Law Firm Blog

Spencer Law Firm Blog

Covers probate and estate planning in Pennsylvania.

http://www.pennsylvaniatrustsandestates.com/
  • May 12

    Estate Planning and Portability

    Estate Planning and Portability
    The American Taxpayer Relief Act of 2012 (ATRA), which tried to keep us from going over the "fiscal cliff," raised the federal estate tax exemption to $5.25 million and made permanent an estate tax concept called…
  • Apr 25

    Seminar: How to Prepare Fiduciary Accounts and Avoid Common Trap

    Seminar: How to Prepare Fiduciary Accounts and Avoid Common Trap
    Don't miss the PBI seminar on How to Prepare Fiduciary Accounts and Avoid Common Traps next Thursday May 1, 2014 at the CLE Conference Center, Wanamaker Building, Philadelphia. Register here:…
  • Dec 22

    It's Not Too Late - Get Your 2013 Deductions for Charitable Giving

    It's Not Too Late - Get Your 2013 Deductions for Charitable Giving
    It's Not Too Late - Get Your Deductions for Charitable Giving I resolved to stop accumulating and begin the infinitely more serious and difficult task of wise distribution. - Andrew Carnegie At the end of the calendar year, many people...
Rank this Week: 1883

New York Guardian Law

New York Guardian Law

Covers the guardianship process and life as a guardian. By the Law Office of Daniel A. Jimenez P.C.

http://nyguardian.blogspot.com/
  • Jan 9

    Estate Planning Essentials for New Parents (or Responsibility in Six Not So Difficult Steps)

    Estate Planning Essentials for New Parents (or Responsibility in Six Not So Difficult Steps)
    I have had the opportunity to meet with many new parents to discuss what steps they need to take in order to make sure their loved ones are provided for should the unexpected occur.  The trust that these individuals have placed in my…
  • Dec 3

    Calls for increased monitoring of Article 81 guardian

    Calls for increased monitoring of Article 81 guardian
    Today the New York Law Journal has an article relating to a clinic run by the Benjamin N. Cardozo School of Law and the recommendations it has put forward regarding monitoring and standardization of Article 81 guardianship practice. I am…
  • Sep 19

    Who inherits the intangible iTunes library? or my World of Warcraft avatar?

    Who inherits the intangible iTunes library? or my World of Warcraft avatar?
    A friend of mine just pointed out a very interesting article on Marketwatch, who inherits your itunes library, which deals with the new reality of music and book ownership. 
Rank this Week: 1785

Estate of Confusion

Estate of Confusion

Covers developments in estate planning and wealth transfer taxes. By Hani Sarji.

http://www.forbes.com/sites/hanisarji/
Rank this Week: 1964

Kershisnik Law

Kershisnik Law

Covers Idaho family, criminal, probate and personal injury legal issues. By Patrick Kershisnik.

http://kershisniklaw.blogspot.com/
  • Apr 20

    Boise Divorce Attorney - Boise Family Law Lawyers - Boise Custody Attorneys Lawyer

    Boise Divorce Attorney - Boise Family Law Lawyers - Boise Custody Attorneys Lawyer
    Kershisnik Law, (208) 472-2383, Boise Divorce Attorney, Idaho Family Law Lawyers, divorce, custody, modification, child support, family law.As a Boise Divorce Attorney I often get calls concerning child support. There are many issues…
  • Apr 18

    Boise Probate Attorneys - Idaho Estate Planning Lawyer

    Boise Probate Attorneys - Idaho Estate Planning Lawyer
    To speak with a Boise Probate Attorney or an Idaho Estate Planning Lawyer, please call (208) 472-2383, for probate and estate planning in Idaho.As a Boise Probate Attorney one of the most frequent questions I get is how long does it take to…
  • Apr 4

    Boise Divorce Attorney - Divorce Attorneys, Family Law Lawyers, Probate Attorneys, Boise, Idaho

    Boise Divorce Attorney - Divorce Attorneys, Family Law Lawyers, Probate Attorneys, Boise, Idaho
    Boise Divorce Attorneys - Boise Probate Attorneys - Family Law Lawyers, (208)472-2383Today I am going to discuss probate and divorce. What do probate and divorce have to do with each other? A lot, especially when you get divorced and forget…
Rank this Week: 1915

Nirenstein, Horowitz & Associates,…

Nirenstein, Horowitz & Associates, P.C. Blog

Covers Connecticut estate planning, probate and elder law.

http://www.preserveyourestate.net/blog/
  • Apr 24

    Connecticut Living Trust Information

    Connecticut Living Trust Information
    You may have heard about living trusts and have questions about why you would want to use such a trust to arrange for the transfer of your assets after your passing. We have prepared an informative report that will answer all of your…
  • Apr 22

    Living Well? Don’t Be Overconfident

    Living Well? Don’t Be Overconfident
    People are becoming more more health conscious these days, and those who are members of the elder law community are always going to encourage healthy lifestyles. After all, you live an improved quality of life when you take good care of…
  • Apr 20

    Work Within a Long-Term Financial Plan

    Work Within a Long-Term Financial Plan
    Some people say that they are not in a position to plan ahead for retirement. Their take on things is that it is challenging to get by day to day and week by week, and they simply don’t have large amounts of money to set aside for…
Rank this Week: 2928

Law Offices of Robert H. Glorch…

Law Offices of Robert H. Glorch Blog

Illinois attorney blog for estate planning, wills, trusts and probate.

http://www.illinoisestateplan.com/blog
  • Apr 24

    Estate Planning Jokes for April’s National Humor Month

    Estate Planning Jokes for April’s National Humor Month
    It can’t be an accident that National Humor Month coincides with income tax month. Who doesn’t need a little laughter after trying to decipher over 4 million words in the tax code. Last April I linked to a few humorous videos.…
  • Apr 16

    April 16 is National Healthcare Decisions Day

    April 16 is National Healthcare Decisions Day
    Did you know that April 16 (every year) is National Healthcare Decisions Day (NHDD)? Just what is NHDD? It’s a “50-state annual initiative to provide clear, concise, and consistent information on healthcare decision-making to both…
  • Apr 7

    Ernie Banks Estate, Part 3: Creditor Claims Against the Estate

    Ernie Banks Estate, Part 3: Creditor Claims Against the Estate
    Mr. Cub’s estate battle has now entered roughly the top of the second inning. To recap, you can read my first two installments on this case here and here. What’s happened since my last installment on March 3rd? Quite a bit (you…
Rank this Week: 2962

German Law Group Blog

German Law Group Blog

Covers estate planning.

http://www.germanlawgroup.com/
  • Apr 23

    Probate and the Uniform Probate Code

    Probate and the Uniform Probate Code
    If you have never given much thought to the subject of estate planning, you may harbor some misconceptions. It can seem as though a last will would be a logical choice for an asset transfer vehicle if you want to make sure that you keep…
  • Apr 21

    What Questions Should I Ask an Elder Law Attorney?

    What Questions Should I Ask an Elder Law Attorney?
    Sometimes you need professional guidance when you are navigating difficult waters. This certainly comes into play when you are looking ahead toward the eventualities of aging. Elder law attorneys understand the lay of the land, and they can…
  • Apr 16

    When Would I Use a Special Needs Trust?

    When Would I Use a Special Needs Trust?
    The estate planning toolkit is extensive, and there is the right tool for the right job as it were. You should carefully consider the life situation of the people that will be inheriting assets from you, and you should utilize the ideal…
Rank this Week: 3004

Law Office of Roy W. Litherland…

Law Office of Roy W. Litherland Blog

Covers estate planning, probate and living trusts.

http://www.attorneyoffice.com/blog/
  • Apr 23

    Estate Planning & Elder Care Seminar

    Estate Planning & Elder Care Seminar
    We do everything possible to provide educational opportunities to people in the greater San Jose area, because many people fail to plan ahead due to a lack of information. From an electronic perspective, we publish an ongoing stream of…
  • Apr 21

    Does the Medi-Cal Look-Back Apply if I Give a Caregiver Child My Home?

    Does the Medi-Cal Look-Back Apply if I Give a Caregiver Child My Home?
    Medi-Cal is California’s version of the Medicaid program that is jointly administered by the federal government along with each respective state government. This program is very important for many senior citizens, because it will pay…
  • Apr 16

    Can My Spouse Use My Estate Tax Exclusion After I Die?

    Can My Spouse Use My Estate Tax Exclusion After I Die?
    There is a federal estate tax exclusion that exists as the line in the sand that divides the people who are exposed to the tax from those who are exempt. If the value of your estate does not exceed the amount of this exclusion, you are exempt…
Rank this Week: 2859

Long Island Estate Planning…

Long Island Estate Planning Questions & Answers

Covers estate planning, probate, wills, trusts, and guardianships. By Albert Gurevich.

http://longislandestatesattorney.com/faqs/
  • Apr 22

    What is Mental Incompetence for a Long Island Will Contest?

    What is Mental Incompetence for a Long Island Will Contest?
    Understanding Testamentary Capacity Many people assume that because their loved one has mental issues that it meant that they would not have the capability to sign a will. This would be a reasonable assumption considering that one must have a…
  • Apr 15

    What is Considered Undue Influence in a Long Island Will?

    What is Considered Undue Influence in a Long Island Will?
    A common objection to a will is that someone used undue influence to get the person who died on Long Island to change their will so that it no longer reflected how they wanted their estate be divided after their death. Undue influence, while…
  • Apr 2

    Can a Trust on Long Island be Terminated or Changed?

    Can a Trust on Long Island be Terminated or Changed?
    Are the Terms of a Long Island Trust Permanent? If you are setting up a trust, are a trustee or are a beneficiary of a trust, you may need to know if the trust that you have set up can be modified in some way or cancelled. The answer is not a…
Rank this Week: 3119

Florida Probate Litigation Lawyer…

Florida Probate Litigation Lawyer Blog

Cover Florida probate litigation. By Chepenik & Trushin LLP.

http://www.floridaprobatelitigationlawyer.com/
  • Apr 22

    Protecting Your Online Accounts After Death

    Protecting Your Online Accounts After Death
    It is no secret that we are living in a digital world. Our daily lives are spent online paying bills, browsing social media, checking bank accounts, and the list goes on. When you signed up for all of these accounts, you likely did not think…
  • Apr 1

    Why Would You Need a Revocable Living Trust in Florida?

    Why Would You Need a Revocable Living Trust in Florida?
    A will cannot always handle the wide range of issues that arise when planning your estate. A revocable living trust, commonly called a living trust (or “inter vivos trust”), is created during your lifetime and allows you to…
  • Mar 17

    Tips to Avoid Common Pitfalls in Estate Planning

    Tips to Avoid Common Pitfalls in Estate Planning
    You take the time to create an estate plan with the hopes that upon passing, your assets are distributed as you had indicated in your estate plan. Unfortunately, not all estate plans are created equal and consequently, a poorly created…
Rank this Week: 5002

Florida Probate, Trust & Estate…

Florida Probate, Trust & Estate Blog

Covers recent developments in Florida probate, trust, estate and guardianship. By Clark Skatoff PA.

http://www.clarkskatoff.com/news-resources/blog/
  • Apr 22

    Trust Can Be Reformed to Add Beneficiarie

    Trust Can Be Reformed to Add Beneficiarie
    Can a trust be reformed to add beneficiaries where the trust as originally drafted fails to include any beneficiaries?  According to a recent Florida trust case, yes, the trust can be reformed to add a residual beneficiary clause. 
  • Apr 10

    Waiver and Consent in Estate and Probate Administration

    Waiver and Consent in Estate and Probate Administration
    Probate—the process by which an estate is administered—is fraught with obscure and complex rules which must be followed in a precise manner in order to ultimately distribute assets to the intended beneficiaries.
  • Mar 22

    Partition Actions in Florida

    Partition Actions in Florida
    Partition actions are often used to force the sale of jointly owned property when the owners cannot agree amongst themselves what to do with the property.  Florida law provides a general framework on how a partition action is to proceed,…
Rank this Week: 2630

Murphy's Law Blog

Murphy's Law Blog

Covers elder law, estate planning and probate. By Noreen Murphy.

http://www.noreenmurphylaw.com/blog/
  • Apr 22

    What Senior Care Looked Like Sixty Years Ago

    What Senior Care Looked Like Sixty Years Ago
    Nearly 60 years ago, in 1959, LIFE magazine ran a four-part photo essay that spawned national outrage and spurred the country toward change. Billed as a real-life kind of horror show, the magazine captured in stunning detail the harrowing…
  • Apr 15

    For Some Families, Estate Planning Is People Planning

    For Some Families, Estate Planning Is People Planning
    Some of the best sitcom episodes are those in which the protagonist family goes on vacation. Invariably, they mess up. Tickets are left, bags are lost, plans derail, and tempers fly off the handle. View image | gettyimages.com That’s…
  • Apr 8

    Artist Ages a Woman from Baby to Old Age in Mere Minute

    Artist Ages a Woman from Baby to Old Age in Mere Minute
    It’s often said that life goes by in the blink of an eye. Now, an artist has created an incredible video that shows it happening almost that quickly, and the effect is deeply moving. Korean artist Seok Jeong Hyeon, better ……
Rank this Week: 4797

Northern California Center for…

Northern California Center for Estate Planning and Elder Law

Covers estate planning.

http://www.norcalplanners.com/blog/
  • Apr 22

    What Is Northern California Estate Planning

    What Is Northern California Estate Planning
    What Is Northern California Estate Planning from Timothy Murphy Every responsible adult should have an estate plan in place. Learn more about Estate Planning in Northern California in this presentation.  
  • Apr 19

    Preparing for Northern California Incapacity: Part 2 of 2

    Preparing for Northern California Incapacity: Part 2 of 2
    Preparing for Northern California Incapacity: Part 2 of 2 from Timothy Murphy  Is the only way to guarantee that you will be protected if you become incapacitated. Learn more about Preparing for Northern California Incapacity in…
  • Apr 15

    Preparing for Northern California Incapacity: Part 1 of 2

    Preparing for Northern California Incapacity: Part 1 of 2
    Preparing for Northern California Incapacity: Part 1 of 2 from Timothy Murphy Some people, such as adults with significant cognitive disabilities, never have legal capacity.  Learn more about Preparing for Northern California Incapacity…
Rank this Week: 2867

Wills and Estate Administration…

Wills and Estate Administration Articles

Covers probate, elder law and litigation topics. By Kenneth Vercammen.

http://njwills.blogspot.com/
  • Apr 20

    SECTION 3-901. SUCCESSORS’ RIGHTS IF NO ADMINISTRATION.

    SECTION 3-901. SUCCESSORS’ RIGHTS IF NO ADMINISTRATION.
    SECTION 3-901. SUCCESSORS’ RIGHTS IF NO ADMINISTRATION. In the absence of administration, the heirs and devisees are entitled to the estate in accordance with the terms of a probated will or the laws of intestate succession. Devisees…
  • Apr 20

    SECTION 3-101. DEVOLUTION OF ESTATE AT DEATH; RESTRICTIONS.

    SECTION 3-101. DEVOLUTION OF ESTATE AT DEATH; RESTRICTIONS.
    SECTION 3-101. DEVOLUTION OF ESTATE AT DEATH; RESTRICTIONS. The power of a person to leave property by will, and the rights of creditors, devisees, and heirs to his property are subject to the restrictions and limitations contained…
  • Apr 20

    SECTION 1-102. PURPOSES; RULE OF CONSTRUCTION.

    SECTION 1-102. PURPOSES; RULE OF CONSTRUCTION.
    SECTION 1-102. PURPOSES; RULE OF CONSTRUCTION. (a) This Code shall be liberally construed and applied to promote its underlying purposes and policies. (b) The underlying purposes and policies of this Code are: (1) to simplify and clarify the…
Rank this Week: 4415

Law Office of Andrew M. Lamkin,…

Law Office of Andrew M. Lamkin, P.C. Blog

Covers elder law.

http://lamkinelderlaw.com/articles/
  • Apr 20

    Having the Tough “Talk” with Your Aging Parent

    Having the Tough “Talk” with Your Aging Parent
    Having the difficult “talk” with your aging parents about elderly living arrangements, end-of-life care, and finances during retirement is one discussion most people would rather put off as long as possible. Putting off this talk…
  • Apr 10

    Estate Planning 101

    Estate Planning 101
    Deciding how to divide your assets and making sure your loved ones receive what you want them to have can be a simple matter. However, this is only possible if you understand the process of estate planning and where to begin. On the other…
  • Apr 1

    Estate Planning in a Second Marriage

    Estate Planning in a Second Marriage
    Second marriages and blended families can be a challenge. Now that you are ready to plan your estate, the challenges continue. How do you divide an estate equally among the constellation of heirs titled “His, Hers, and Ours?”…
Rank this Week: 2152

Hauptman and Hauptman, P.C. Blog

Hauptman and Hauptman, P.C. Blog

Covers guardianship, Medicaid, probate and estate administration.

http://www.hauptmanlaw.com/blog
  • Apr 19

    Second Marriage – Happily Ever After? (Part 2)

    Second Marriage – Happily Ever After? (Part 2)
                    Last week I was telling you about George and Mary.  Mary has dementia and may soon need nursing home care.   George had gone to an elder…
  • Apr 12

    Second Marriage – Happily Ever After?

    Second Marriage – Happily Ever After?
                    George called me because his wife, Mary wasn’t doing well.  She has dementia and he is facing the prospect of needing long term care for…
  • Apr 5

    Confusing Medicaid with Other Government Programs (Part 2)

    Confusing Medicaid with Other Government Programs (Part 2)
                    Last week I was telling you about the call I received from Lou.  His dad had been living in senior housing but now needs nursing home care. …
Rank this Week: 3352

California Probate and Estate…

California Probate and Estate Planning Blog

Covers California probate and estate planning including law changes, legal strategies, and detailed descriptions of the options available. By Meissner, Joseph & Palley, Inc.

http://www.californiaprobate.info/blog
  • Apr 16

    NEW Heggstad Petition Case

    NEW Heggstad Petition Case
    I got notice a couple weeks ago of a new case to help get Heggstad petitions approved. That is, petitions brought under California probate code section 850. The case is: Ukkestad v. RBS Asset Finance Filed  March 16, 2015, Fourth…
  • Apr 16

    NEW Heggstad Petition Case

    NEW Heggstad Petition Case
    I got notice a couple weeks ago of a new case to help get Heggstad petitions approved. That is, petitions brought under California probate code section 850. The case is: Ukkestad v. RBS Asset Finance Filed  March 16, 2015, Fourth…
  • Mar 26

    Coach Dean Smith leaves a small legacy… what will you do?

    Coach Dean Smith leaves a small legacy… what will you do?
    As an estate planning attorney I help clients plan the legacy they will leave. Often it’s simple such as “I leave everything to my children….”  Other times it’s a gift to an old friend, a church, or other…
Rank this Week: 3947

Law Office of Robert L. Boydstun…

Law Office of Robert L. Boydstun Blog

Covers estate planning, probate, guardianships, disability and elder law.

http://www.boydstunlaw.com/blog/
  • Apr 13

    Retirement Planning With Special Needs Child

    Retirement Planning With Special Needs Child
    Parents with special needs children have a set of added concerns when planning for their retirement.  In addition to planning where they will live and how much income they will have, they also need to plan where there special needs child…
  • Feb 8

    Nursing Homes Abuse

    Nursing Homes Abuse
    The New York Times has reported that New York nursing homes are now bringing guardianship proceedings in order to collect on the bills owed to them. In order to protect yourself from such abuse, it is vital that you have a valid Power of…
  • Jan 19

    Don’t Have An Unsettled Legacy

    Don’t Have An Unsettled Legacy
    The children of Dr. Martin Luther King. Jr. are involved in litigation in Atlanta over control of his bible and his Nobel Prize medal. One group wants them to be sold. Another group wants them donated to Morehouse College. It is sad that this…
Rank this Week: 2923

Estateography

Estateography

By Alvi Aggarwal.

http://www.estateography.com/
  • Apr 12

    Whether to Qualify as Executor or Administrator of a Virginia Estate

    Whether to Qualify as Executor or Administrator of a Virginia Estate
    When a person dies and has an estate that needs administration, a person has to qualify before the clerk of the court before he/she can do that administering. Being named in the will is not enough. Qualification is the process that gives a…
  • Apr 4

    What Is Probate? What Should I Do about It?

    What Is Probate? What Should I Do about It?
    Probate, Qualification, and Estate Administration Probate, technically, is the process by which a will is accepted as valid by a court (or the clerk of the court). The term is often used more loosely (as I will use it) to also encompass the…
  • Mar 1

    Resigning as Administrator or Executor of a Virginia Estate

    Resigning as Administrator or Executor of a Virginia Estate
    Question: I qualified as an administrator of my aunt's estate. I don't want to be an administrator any more. What can I do? Answer: An administrator (or executor) can resign; however, resigning isn't as easy as qualifying. To resign, a…
Rank this Week: 4831