A living will is a legal document that specifying medical treatments you would or would not like to keep you alive. With a living will, you state your preferences for pain management and organ donations. You control what medical treatment you do or do not want administered and under what circumstances. A living will is a legally binding document.
To find an estate law specialist in your state, contact the American College of Trust and Estate Counsel at www.actec.org or 310.398.1888. Another resource for locating estate lawyers is the comprehensive lawyer directory, Martindale-Hubble, which you can reach at www.martindale.com or 800-526-4902.
The grieving process is difficult enough, but there will also be a funeral to plan, relatives to notify and financial issues to handle. Meeting with an estate attorney as soon as possible can ease your burden and make a difficult time easier to bear. Call Arizona Estate Attorney Dave Weed at (480)467-4325 to discuss your case today.
Mar 29, 2020 · Wills provide written documentation of the will maker's -- also called testator -- final wishes. Upon the death of the testator, the will undergoes a formal legal process known as probate. Probate helps determine the validity of the will and oversees the process of carrying out its directives. The person responsible for taking the will through ...
To find an estate law specialist in your state, contact the American College of Trust and Estate Counsel at www.actec.org or 310.398.1888. Another resource for locating estate lawyers is the comprehensive lawyer directory, Martindale-Hubble, which you can reach at www.martindale.com or 800-526-4902.
The death of a loved one presents many daunting challenges, including negotiating a potential minefield of legal decisions and activities. In these frightening economic times, you will be tempted to avoid lawyers and either handle the legal matters yourself or ignore them completely. Please don't, because you don't know what you don't know.
For example, if your loved one died as a result of the negligent or intentional behavior of another person, you may have only one year from the date of your loved one's death to file a lawsuit against the perpetrator.
You may feel that if the estate is closed quickly, you will get over your grief quickly. This is a common perception that is usually not grounded in reality, because you will get through your grief only as you diligently do your grief work.
Unfortunately, the power of attorney you may have had in place is no longer valid following the death, and it is important to understand that distinction. A previous power of attorney does not give you the power to handle the estate after the death of your loved one.
The death of a loved one is always hard, but the difficulty of handling the estate can make an already difficult situation that much worse. Dealing with the complexities of the estate, closing the financial affairs of a deceased loved one and handling the taxes due can really put a strain on your emotions.
In most cases, the answer to this question will be yes. Many people erroneously believe that they will not need to open a probate estate, but this is rarely the case. If you fail to open a probate estate, you could be liable for taxes and other claims. Even if you do not think a probate estate is necessary, it is important to discuss your options ...
If you fail to open a probate estate, you could be liable for taxes and other claims. Even if you do not think a probate estate is necessary, it is important to discuss your options with an experienced estate attorney.
There is a great deal of confusion about how debts are handled when an individual dies. Some people think that these debts simply disappear when the debtor dies, but that is not always the case. While some debts are forgiven on death, others follow the deceased and become part of the estate. The good news is that the family members ...
The death certificate should become available after the funeral process has been completed, and most funeral homes will help loved ones get the documentation they need. If you do not receive a death certificate from the funeral home, you should ask the funeral director for one as soon as possible. You will need a death certificate ...
The days and weeks following the death of a loved one can seem like a blur. The grieving process is difficult enough, but there will also be a funeral to plan, relatives to notify and financial issues to handle . Meeting with an estate attorney as soon as possible can ease your burden and make a difficult time easier to bear.
After the death of the testator, the executor or administrator must locate the will and present it to the local probate court along with a certified copy of the testator’s death certificate.
Probate. The probate process officially begins when the will is submitted to the court. The court officially appoints an executor -- normally the individual named in the will -- to administer the estate, and supplies legal documents known as letters testamentary, or letters of administration, allowing the executor to take control ...
Probate Laws for Nebraska. Wills provide written documentation of the will maker's -- also called testator -- final wishes. Upon the death of the testator, the will undergoes a formal legal process known as probate. Probate helps determine the validity of the will and oversees the process of carrying out its directives.
Upon the death of the testator, the will undergoes a formal legal process known as probate. Probate helps determine the validity of the will and oversees the process of carrying out its directives. The person responsible for taking the will through probate is called an executor.
Other executor actions often include supplying the court with the names and addresses of the testator’s surviving spouse, children and other beneficiaries, creating an inventory of assets, and paying any debts or taxes on behalf of the estate.
Laura Wallace Henderson, a professional freelance writer, began writing in 1989. Her articles appear online at Biz Mojo, Walden University and various other websites. She has served as the co-editor for "Kansas Women: Focus on Health.".
When You Can Probate an Estate Without a Lawyer. Here are some circumstances that make you a good candidate for handling the estate without a professional at your side. Not every one of them needs to apply to your situation—but the more that do, the easier time you will have.
But you won't need probate if all estate assets are held in joint ownership, payable-on-death ownership, or a living trust, or if they pass through the terms of a contract (like retirement accounts or life insurance proceeds).
Many executors decide, sometime during the process of winding up an estate, that they could use some legal advice from a lawyer who's familiar with local probate procedure . But if you're handling an estate that's straightforward and not too large, you may find that you can get by just fine without professional help.
Most or all of the deceased person's property can be transferred without probate. The best-case scenario is that you don't need to go to probate court, because assets can be transferred without it. This depends on the planning the deceased person did before death—you can't affect it now.
The estate won't owe either state or federal estate tax. More than 99% of estates don't owe federal estate tax, so this isn't likely to be an issue. But around 20 states now impose their own estate taxes, separate from the federal tax—and many of these states tax estates that are valued at $1 million or larger.
Attorney as executor. Per the American Bar Association, if you feel that none of your family members or friends possess the requisite financial skills to properly act as your executor, you may wish to designate your attorney instead .
Remember that choosing your executor wisely is just as important as making your Last Will and Testament in the first place. The person you choose bears grave responsibilities that will impact your family and other heirs after you die. This is educational information and not intended to provide legal advice.
A power of attorney is no longer valid after death. The only person permitted to act on behalf of an estate following a death is the personal representative or executor appointed by the court. Assets need to be protected. Following the death of a loved one, there is often a period of chaos. This, coupled with grieving, presents a unique opportunity ...
Assets need to be protected. Following the death of a loved one, there is often a period of chaos. This, coupled with grieving, presents a unique opportunity for those bent on personal benefit. It is important for the family, even before the opening of an estate, to protect all assets that belonged to the decedent.
Most funeral homes assist families with obtaining these certificates. You should get several copies of the death certificate to ensure you have enough for all administration needs .
If you have questions about the management of your loved one’s estate or the probate process, call us anytime at (888) 694-1761 to get answers.
Creditors can open an estate. Holding the assets of the decedent in an effort to prevent creditors from reclaiming their debt is a risky proposition. Creditors have the right, after enough time passes, to petition the court to open the probate estate themselves.