Probate and Personal Representatives?
Every state has a probate process: legal steps through which property is transferred from the dead to the living. If there is a will, it is admitted to probate court to initiate the process. If…
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Can You Execute My Will?
Executing a will is a big responsibility. It takes time and patience, and the administrative chores can be an extra challenge for those grieving. When you create a will, be thoughtful in your selection and…
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Accountable To Beneficiaries: Personal Representatives
The probate courts appoint personal representatives to settle the affairs of the deceased when there is no will. A personal representative takes control of the assets (aka estate) of the deceased and distributes them to…
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Time for a Conservator?
Taking care of loved ones or friends is a tremendous responsibility. Legal advisors point out that in some circumstances, conservatorships can be the right solution for protecting the finances and legal affairs of someone…
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Let’s Talk About It: Estate Planning
If we become incapacitated, and when we ultimately die, there is so much our families will need to know and do—while grieving. Putting an estate plan in place and communicating about it while we…
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How Do Courts Appoint Administrators?
Typically, when a will is created, an executor is appointed to oversee the affairs of the deceased. If there is no will—or if the designated executor cannot fulfill the duties when the time comes—an administrator…
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Appeal Denied: Transfer To Trust Stands
A court of appeals in Dallas, Texas recently upheld the summary judgment of the trial court in a case involving allegations of fraudulent transfer into a trust. The case offers an interesting example at…
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Trust Distributions?
Trusts can be an important way to provide for children, or other family members with special needs upon your death. When you create a trust, you can make choices about how the disbursements are to…
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Special Needs and the Trustee Role
When setting up a trust for a loved one with special needs, you’ll also choose a trustee, which might be yourself, or a friend, relative or professional. No matter who you choose, it’s important to…
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