Tag Results
16 Tag Results
10 result(s) displayed (1 - 10):
October 19, 2011
Probate Form
A probate form is required when engaging in proceedings that take place in probate court. These include estate settlement, name changes, adoption, conservatorship, guardianship, recording or making changes to trusts, and litigation associated with probate estates.
The probate form is necessary to obtain a case number for probated estates or to record legal changes through the court. Records retained through probate court are a matter of public record and can be viewed by anyone that wants to see them. The exception to this rule is matters related to trusts
Real Estate Investing article on "Probate Form"
August 22, 2011
Write a Will
If you haven't taken time to write a Will, what's holding you back? Do you think you don't need one or that it's too costly? Do you think you're too young or that you don't own anything of value so what's the point? The point is everyone aged 18 and up needs a Will if for no other reason than to provide directives to loved ones.
Taking time to write a Will is by far the best thing you can leave behind. Doing so speeds up the probate process and ensures property and cash is transferred to the people you want to have it.
There are many ways to write a last will and testament. Some people download templates from the Internet and fill in the blanks. Others purchase do it yourself Will kits or utilize online services such as LegalZoom. Most prefer working with an estate planning service or probate lawyer.
Real Estate Investing article on "Write a Will"
June 22, 2011
Family Disputes over Property
When family disputes over property arise it's smart to attempt resolution as quickly as possible. Irreparable damage and division within the family can occur if disagreements escalate. If necessary, call in a professional mediator, religious clergy, or lawyer to defuse the situation and begin negotiation.
Unfortunately, family disputes over property are common occurrence. The most prevalent source of disagreements stem from divorce and inheritance gifts bequeathed from deceased relatives. Death and divorce are highly charged emotional events that can cause people to behave out of character.
Real Estate Investing article on "Family Disputes over Property "
April 19, 2011
Family Disputes over Inheritance
When family disputes over inheritance arise it can quickly escalate into irreparable damage. Emotions are already running high when a loved one dies. Incidents that could easily be worked out under normal circumstances are magnified during periods of grief.
Family disputes over inheritance often occur when a relative dies without executing a Will. However, when a person dies intestate the estate must be settled according to state probate laws. Heirs can file claims against the estate if they have evidence they are entitled to specific property. They can fight all day over who should receive what, but if a Will is not in place there isn't much they can do about distribution of property.
Real Estate Investing article on "Family Disputes over Inheritance "
March 22, 2010
Estate Executor
Estate executor refers to an individual in charge of managing the estate of a person who has died. Estate administration duties will vary depending on the type and value of assets owned by the decedent and whether the estate is probated or protected through a trust.
Oftentimes, the estate executor of probated estates will require assistance from a lawyer or estate planner to ensure estate management procedures comply with probate laws. Probate is the legal process used within all 50 states to validate decedents' last will or appoint an estate administrator to manage intestate estates. Intestate means the person died without executing a last will.
Real Estate Investing article on "Estate Executor"
January 11, 2010
Inheritance Law
In the United States, inheritance law is governed by the Uniform Probate Code. In place since 1969, UPC is a statute that outlines what happens to assets, debts, and financial affairs of a deceased person. Currently 18 states have adopted the Uniform Probate Code in its entirety, while the remaining 32 states have adopted parts of it.
Although inheritance law varies by state, the majority adhere to similar processes. First, an estate executor must be appointed. Oftentimes the executor is appointed through the decedent's last will. If no will exists, or the appointed estate executor does not want to accept responsibility, an Administrator will be appointed through probate court.
Real Estate Investing article on "Inheritance Law"
January 07, 2010
Estate Tax
Federal estate tax is slated to be abolished in January 2010, but Senate Democrats are likely to pass a temporary measure early in the year to reinstate death tax and make it retroactive to January 1st.
At present, estate tax is assessed at the rate of 45-percent for inheritances valued above $3.5 million for individuals and $7 million for couples. Smaller estates are exempt from taxation. However, as the estate tax hangs in limbo, beneficiaries may soon find they will be charged a capital gains tax on inheritance property gifted through decedent's last will and testament.
Real Estate Investing article on "Estate Tax"
November 07, 2009
Estate
The word 'estate' refers to items owned by individuals who have died. An estate can consist of the decedent's home, car, personal belongings and valuable assets such as jewelry or collectable artwork.
When a person dies their estate must be settled through a process known as probate. The exception is when decedents establish a trust. Many types of trusts exist. Each has advantages and disadvantages. Trusts are generally reserved for estates valued over $100,000; however, strategies exist for smaller estates to avoid probate.
Real Estate Investing article on "Estate"
October 24, 2009
Trust
Trust refers to a vault which holds valuable assets, along with a person's Last Will and Testament. People use trusts to transfer inheritance assets upon their death. When a trust is used, inheritance assets do not have to pass through probate and generally are exempt from taxation.
Many people believe establishing a trust is complicated. While this can be true for exceptionally wealthy people, many types of trusts exist which are simple to establish. Some of the most common include living, revocable, irrevocable, testamentary, and irrevocable life insurance trusts.
Real Estate Investing article on "Trust "
October 14, 2009
Estate Administrator
Estate administrator refers to a person appointed to manage the estate of a person who has died. Administrators are generally family members, a professional estate planner or probate attorney. When a family member is appointed to this position, they typically require assistance from a professional to ensure legal documents are properly filed through probate court.
An estate administrator has multiple duties. It is important to appoint someone capable of handing financial matters and able to make difficult decisions under stress. Administrators must be at least 18 years of age and never convicted of a felony. It is best to appoint an estate executor who resides in the same state as the decedent. However, this is not a necessary requirement.