What are the actual requirements for a will to be valid?

5 years ago

While each state may impose additional or alternate requirements, in general, a valid will must be hand-written or printed and…

Are there any specific rules about how property can be disposed of?

5 years ago

In general, the answer is yes, but if (for example) you indicated that all your effects should be buried in…

How does a “joint tenancy” affect a will?

5 years ago

Joint tenancy with right of survivorship (JTWROS) is a common legal method of defining property ownership when shared with another…

Are provisions for the care and guardianship of minor children usually provided for in a will?

5 years ago

Often they are, but a court is not bound by these provisions and might overrule them if there was a…

How are taxes handled in probate?

5 years ago

For federal and state tax purposes, death triggers two events: (1) It ends the decedent’s last tax year for purposes…

Do beneficiaries have to pay creditors out of their own pocket if the estate is insolvent?

5 years ago

Generally not. Just as you “can’t take it with you” you just can’t make others responsible for your general debts,…

How are creditors against the estate handled?

5 years ago

Creditors are notified of the death as part of the probate process. This notification process can vary from state-to-state and…

Is it necessary for all of the decedent’s property to go through probate?

5 years ago

Not necessarily, however, some legal method must be employed to transfer the legal title and ownership of the deceased’s property…

What happens when the person who dies owned land in multiple states?

5 years ago

Usually, the laws of the state in which the deceased was last a permanent resident prevail regarding governance of probate…

How can I avoid probate of my estate?

5 years ago

One approach to reduce or eliminate the need for probate is through the use of a Living Trust that holds…