Probate Legal Guides (81 found)

Written by Kennard Neal Friedman
In today's world, a decedent can leave a will that must be probated, one or more trusts that must be administered (sometimes for years) and other property that passes directly to heirs. This guide is an overview of the big picture and first 4 steps involved in taking care of an estate.
1 of 1 users found this helpful. Posted 11 months ago in Probate.

Written by Jo Anne Hinds
Stories abound about family squabbles over personal property, Personal property typically includes household items, clothing, jewelry, art, lawn and garden equipment, tools, firearms, collectibles and more.
1 of 1 users found this helpful. Posted 10 months ago in Probate. Jurisdiction: Michigan

Written by Stephanie G. Rapkin
A homemade do- it- yourself will may result in a catastrophe for your heirs. Every state has its own requirements for a Will to be admitted to probate. Furthermore, overlooking technicalities could result in additional costs.
Posted 10 months ago in Probate. Jurisdiction: Wisconsin

Written by Peter Charles Scholle
The death of a loved one can overwhelm even the strongest of us. Fear of the unknown, emotionally and financially, pervades every part of the greiving process. Education can help you cope with that fear. The article below is a primer for a more elaborate discussion with an attorney.
Posted 7 months ago in Probate. Jurisdiction: Georgia

Written by Peter Charles Scholle
If you were named as executor or if you may serve as fiduciary in the estate of a loved one who has died in Gwinnett County or metro-Atlanta in Georgia, and you would like to learn more about your options, please read the following article.
Posted 7 months ago in Probate. Jurisdiction: Georgia

Written by Michael J. Helfand
When a person dies without a will -- or if their will is invalid -- they are considered "intestate." This means that their estate will be distributed based on a state law rather than their individual wishes. Here is how the Illinois intestate law distributes an estate.
Posted 3 months ago in Probate. Jurisdiction: Illinois

Written by David M. Frees III
If you have been appointed as an executor or, if you are a beneficiary of an estate in Pennsylvania, then you have a very legitimate interest in how executors are paid and in the question of what are appropriate and fair executor fees. This article reviews how such fees are set, and what is fair.
4 of 5 users found this helpful. Posted 3 months ago in Probate. Jurisdiction: Pennsylvania

Written by Lonnie K McDowell
If the value of the estate is small enough, in many cases no probate is required. Instead, one or more affidavits can be used to transfer property from the person who has died ("the decedent") to the people who are legally entitled to inherit it ("heirs," or in some circumstances, "devisees").
1 of 1 users found this helpful. Posted 2 months ago in Probate. Jurisdiction: Arizona

Written by Howard Robert Roitman
Nevada law on keeping a lawsuit alive after the death of a litigant: Special administration must be opened on behalf of the heirs of a dead person who had an ongoing lawsuit if there is no other probate proceeding. A motion for substitution may be made or the lawsuit will be dismissed.
1 of 2 users found this helpful. Posted about 1 month ago in Probate. Jurisdiction: Las Vegas, NV

Written by Howard Robert Roitman
Survivors and heirs can face lots of troubles when a deceased family member fails to organize her affairs and leave estate planning documents like a will or trust. In Nevada, an independent attorney,a professional fiduciary, will often wind up taking care of things as a Special Administrator.
1 of 2 users found this helpful. Posted about 1 month ago in Probate. Jurisdiction: Las Vegas, NV

Written by Dera L. Johnsen
Included in this guide is a brief list of the actions which the family members should take immediately upon the death of a loved one. However, for a complete discussion of responsibilities and duties, you should contact an attorney.
3 of 5 users found this helpful. Posted about 1 month ago in Probate.

Written by Karen L Brady
Even if a taxpayer has passed away, a federal income tax return may be required or recommended. This guide gives some general guidance on who can file and how to file a federal income tax return for a decedent.
Posted 9 days ago in Probate. Jurisdiction: Federal

Written by Mitchell Allan Port
“What do I need to do now?” Not all of the points below will apply to all Decedents, but many of them will. What follows should be considered when a close friend or relative dies who owns property in Los Angeles County, Santa Barbara County, Ventura County or Orange County, California:
1 of 2 users found this helpful. Posted 22 days ago in Probate. Jurisdiction: California

Written by John Rolfe Windsor Jr.
In Tennessee, if the probate estate of the Decedent is under $25,000 in total value [excluding real property], the estate may be eligible for the Small Estate Proceeding, which does not require a lawyer, and the expenses are considerably lower.
Posted 22 days ago in Probate. Jurisdiction: Tennessee

Written by Rudolf J. Karvay
If you have been named as an Executor in a Will or are planning to become the Administrator of an estate without a Will, this guide will give you a good idea of what is expected of you. Note: your local court may use different terms for executor, administrator, probate and intestate administration.
5 of 6 users found this helpful. Posted about 1 year ago in Probate.

Written by Avvo Staff
A revocable living trust can provide security for your heirs as well as flexibility for you in managing your estate.
3 of 6 users found this helpful. Posted about 1 year ago in Trusts.

Written by Joel Richard Beck
Creating a will in the state of Georgia is part of a basic estate-planning strategy and can help alleviate family strife after your death by clearly stating your intended property distribution at the time of your death.
4 of 7 users found this helpful. Posted about 1 year ago in Wills / Living Wills. Jurisdiction: Georgia

Written by Avvo Staff
A living will is fairly simple to create and can provide a clear plan for how you wish to be cared for if you become seriously ill.
4 of 8 users found this helpful. Posted about 1 year ago in Wills / Living Wills.

Written by Avvo Staff
Registering your living will is a simple but important process to help ensure you will get the kind of medical treatment you want if you become unable to express your wishes yourself.
Posted about 1 year ago in Wills / Living Wills.

Written by Avvo Staff
The estate, or inheritance, tax is a tax paid to the federal government, and sometimes state governments, on high-value estates after a person dies.
1 of 1 users found this helpful. Posted about 1 year ago in Estate Planning. Jurisdiction: Federal