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Diane Lieb Wies

Diane Wies’s Legal Guides

10 total

  • Living Will

    What is a Living Will? A Living Will, also called a Health Care Directive tells your family and your doctors your wishes regarding life support, resuscitation, and feeding should you be in a permanently unconscious condition. Do I need a Living Will? We recommend that you have...

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  • Power of Attorney

    What does a Power of Attorney do? A power of attorney gives someone (an attorney-in-fact) permission to take binding actions on your behalf in either the financial area, the health care area, or both. Do I need a Power of Attorney? In most cases, yes, everyone should have a P...

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  • Community Property Agreement

    What is community property? Community property is property that is jointly owned by a husband and wife. Each spouse has an undivided one-half interest in the couples community property. Generally, all property earned or acquired during a marriage, except property received as a...

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  • Last Will and Testament

    What is a Last Will and Testament? A Will is a legal document that states who should receive your property when you die. What can you do in your Last Will and Testament? In addition to naming the recipients of all of your property, a Will can be used to do such things as desi...

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  • Revocable Living Trust

    What is a Revocable Living Trust? A Revocable Living Trust is a trust that you create and use during your lifetime. You can use the trust to hold your property. The property placed into the trust during your lifetime will not go through the probate process it will instead go t...

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  • Probate Terminology

    Some helpful terminology: Decedent: A person who dies is known as a Decedent. Will: A Last Will and Testament is a Decedents plan for distributing his/her Estate. Heir: A person who inherits a Decedents property if the Decedent dies without a Will is an Heir. Beneficiary:...

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  • Nonprobate Assets

    Nonprobate Assets are assets that (1) have a designated Beneficiary; (2) are held jointly with another person (joint with right of survivorship or joint tenants); or (3) are payable on death (POD designation) to another person. Non-probate assets do not pass through the probate p...

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  • Probate in General

    People often refer to the entire Estate settlement proceeding as "the probate." Actually, "Probate" is the process by which the court determines that a Will is properly signed and witnessed and that the person signing the Will was of sound mind and acting of free will when the do...

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  • The Probate Process

    The Need for a Probate A probate is not necessary in all cases. Whether a probate is needed depends on the circumstances in a particular case. It is not possible to predict prior to a decedent's death whether it will be necessary to open a probate. Administering an Estate Assets ...

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  • Things to Consider When Forming a Company

    When you are forming a company that is going to have more than one owner, here are a few things to consider: What would you like to name the company? Are there any Tradenames you would like to use? What type of company should it be (e.g. C-corporation, S-corporation, LLC)? ...

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