Trusts and Estates

Trusts and estates is the name given to the branch of civil law that covers decedents' estates and probate; wills and intestacy; estates and future interests in property; trusts, gifts, and powers; annuities; and charitable bequests. Probate covers admission of a will to probate and the subsequent proceedings, including the appointment and duties of a personal representative, procedures in probate, and ancillary proceedings. Intestacy, on the other hand, refers to the general rules governing the disposition of the property of someone who dies intestate, i.e., without a will, or who leaves a will that fails to dispose of all assets.

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Legal articles focusing on Trusts And Estates Law
Probate
Probate is a court proceeding in which final debts are settled and legal title to property is formally passed from the deceased to his or her heirs. Find out more about the probate process and visit our message board on the topic.
Living Wills
A living will provides instructions about your wishes concerning medical treatments or life-sustaining measures if you have a terminal condition, become permanently unconscious or are in a persistent vegetative state and lack the capacity to make or communicate those decisions.
Necessary Will Provisions
Provisions in a will vary depending on a person's situation. There are some things that need to go into your will regardless of your circumstances. Other things become crucial depending on your individual needs and desires. Make sure your will covers everything it needs to.
Will Basics
A will is a very important part of your estate plan because it sets forth exactly how you want your property to be handled after you die, and it can make sure that the person you want for the job does in fact take care of your children after you die. But, your will must be valid to be effective.
Irrevocable Life Insurance Trust
The irrevocable life insurance trust (ILIT) provides an accessible means of producing estate-tax-free dollars that is without equal in terms of the potential savings measured against what the grantor has to give up in return.
Ask a Lawyer - Trusts And Estates Law questions answered by leading lawyers
What Happens When One of Two Trustees Can No Longer Serve?
If there are co-trustee's in a will from 2003 where one of the trustees are 83 years old and becomes physically and mentally ill later on, does the other trustee automatically get the right to make real estate decisions or financial decisions or does he have to file for the right in surrogate court to...
What Happens When A Missing Will Turns Up?
If I've been appointed as an administrator by the surrogate court of my fathers estate and the "the will or the copy of the will surface." What would happen to me as administrator and what are the chances that the copy of the will can be probated? Please, please, help I've posted here before...
Preparing a Will
What type of lawyer does a regular will? How much does a will cost to draw up and does the forms you get at Staples count as a legal document if you have a lawyer review it after you fill it out?
What Are the Rights of the Survivors to the Contents of the Decedent's Rented Apartment?
(New York) My father-in-law passed away with no surviving spouse and no will. He was living in an apartment and due to recent hospitalization, was in arrears on rent. His surviving children want to collect property from the apartment, but the landlord has put a padlock on the apartment to deny them access...
Can the Executor of a Will Ignore Its Dispositive Provisions?
Can the executor of the will disregard the written wishes of the deceased and make his own decisions with the will and keep all assets for themselves?

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