Wills & Probate

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Step-Children and Your Will
If your spouse had children when you married, you might wonder about your legal obligations to your step-children. Will they get part of your estate? How do you make sure they do, or don't? ... READ MORE

Wills and Probate FAQ
Here are simple answers to commonly asked questions about wills and probate. ... READ MORE

Looting a Loved One's Estate
Update 12/23/2009: Anthony Marshall  has been found guilty of 14 of the 15 counts against him. Marshall was convicted in October of the most serious charges - first-degree grand larceny and scheming to defraud. He faces a minimum of one to three years, or as much as eight to 25 years in state prison. ... READ MORE

Legal Consequences of Dying without a Will
On July 4, 2009, NFL quarterback Steve McNair was found murdered in a hotel room in Nashville, Tennessee. McNair didn't have a will at the time of his death. In legal jargon, this is known as dying intestate. When someone dies without a will, state law governs how his estate is administered. In McNair's ... READ MORE

New Jersey Considerations for Estate Planning
It can be difficult to discuss estate planning, but it is vitally important that most people over the age of 18 consider the matter. Proper planning ensures your wishes are followed and helps your loved ones avoid protracted, expensive legal battles. Laws are similar in most states, but New Jersey differs ... READ MORE

Understanding Massachusetts Estate Planning
The best way to guarantee your property and health care wishes are honored is by creating an estate plan. An estate plan helps to resolve whatever legal issues may arise upon death. Making a will Creating a will is not necessarily complicated, and it prevents the complication of dying intestate. If intestate, ... READ MORE

What is Maryland Estate Planning?
A comprehensive estate plan is a must if you own property, run a business, have children or other dependents, or simply want the peace of mind of making your final wishes known. Whether you are just beginning to get your affairs in order or are in the process of reviewing or updating existing documents, ... READ MORE

Addressing New Mexico Estate Planning
Estate planning in New Mexico involves the management and distribution of your real and personal property upon your death or if you should become mentally incapacitated. Creating a Will A will states your intent on how you wish your property to be distributed on your passing and can also minimize tax ... READ MORE

Estate Planning Issues in Wisconsin
Whatever the size of your estate, an estate plan can help you rest easier, knowing your wishes will be honored when you die or if you become seriously ill. A solid plan can also make a sad time easier for your family. Your Last Will and Testament This document outlines who gets your worldly possessions, ... READ MORE

Need West Virginia Estate Planning Help?
Estate planning can be an emotional issue, but it is important for adults to keep their affairs in order so that loved ones are shielded from drawn-out legal battles and financial problems in the event sudden tragedy strikes. Most states have similar estate laws, though West Virginia differs in some ... READ MORE


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Unfortunately, you may not be able to do anything to get a copy of the Will if the original Will was stolen. If you really believe that someone has the original Will and is trying to hide it, and if a ...Read more

You can sue the fiduciary for breach of fiduciary duty.  But, first, seek an accounting in the Surrogate's Court.

You must file the claim in the state in which the Estate was registered - and that would be Nevada.  You can probably get a documetn from the Nevada Court that would allow you to go into the safe ...Read more

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How long does a closing company have to refund escrowed inheritance tax?

Q: On August 2, 2017, the real estate closing company was provided with a copy of the Notice of Inheritance Tax Appraisement, Allowance of Disallowance of Deductions and Assessment of Tax the Estate r ... Read more

Probate Litigation: What is it and how to avoid it.

Is someone you know involved in a family dispute after a parent has died? Over a Will? Family land? A family business? In legal terms, these are probate disputes. The usual trigger for a probate dispu ... Read more

Do You Need A Will?

You Need a Will If You Have a Special Needs Child In this series of blogs, we address the issues existing that would necessitate you having a Will. In our last blog, we discussed using a Will as a mea ... Read more

How do I remove a deceased person’s name from a deed?

Dear Ms. Allison: I have someone on my dad’s home deed. Dad has deceased. There are three persons on the house note: myself, Dad, and another person (also deceased). How do I remove the deceased ... Read more

Can a Trustee gift himself from the Trust assets?

Dear Ms. Allison: Can a Trustee gift property to himself as both Grantor and Grantee if this property wasn’t a gift in the Will but was just an inheritance? It is just two weeks after the death ... Read more

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