Why Do Wills Go Through Probate?
Unlike the assets placed in a trust, the assets left to beneficiaries in a will must pass through the public process of probate before being distributed. Although the expediency and privacy trusts allow can be…
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When A Professional Fiduciary Makes Sense
After making a will, setting up a trust, or putting other care and estate plans in place, most people instinctively look to relations and close friends to serve as the fiduciaries who take on the…
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Statistically Speaking
Statistically Speaking Every adult should have an estate plan that attends to both their own needs in the event of a decline, and tends organizes asset distribution upon death. However, statistically speaking, it’s even more…
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Wills: Coercion or Help?
Before invalidating a will because of claims of undue influence, probate courts must decide if actual coercion led to the decisions reflected in the will. Afterall, people help each other all the time. How is…
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Survivor Trustee: Cognitive Continuity Clause?
In the face of long lives and a rise in the number of people experiencing cognitive decline, some attorneys point out that incorporating a “cognitive continuity clause” in revocable trust instruments can serve as a…
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Administrator Responsibilities and Bonds
When someone dies without a will, the local probate court typically appoints an administrator to bring the affairs of the deceased to closure. Once debts are paid, the state laws of intestacy dictate the distribution…
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Supersedeas and Appeal Bonds
Though in some jurisdictions, the terms supersedeas bond and appeal bond are used interchangeably, other jurisdictions distinguish between the terms. Generally, a supersedeas or appeal bond enables the losing party in a civil litigation case…
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Assigning Assets To A Trust
Designating assets to a trust is an important strategy in estate planning. Trusts can be set up to specifically address a variety of familial goals, and even to earmark funds for our own eventual care…
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Shifting Asset Ownership?
Assigning assets to new owners can be a useful estate planning strategy, especially when circumstances make a speedy and private inheritance preferable. In essence, when asset ownership is effectively shifted ahead of death, the public…
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