| Probate -- Notice and Appointment |
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| In most states, after the petition for probate is filed, the Probate Court will order that notice of the petition be given to the heirs and other "interested" parties (those who may not be heirs but who may be named in the will) and, in some cases, that "publication" must be made. Publication is the placing of legal notice in the local newspaper to the effect that John Jinx, a resident of Boston, Massachusetts, has died and a petition has been submitted to the court asking that Jane Jinx be appointed as the executrix (or administratrix if there was no will) of his estate.More... |
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| Will Substitutes |
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| In many jurisdictions, trusts cannot be revoked unless the trustor expressly retains the right to revoke. Revocable living trusts allow a trustor to manage his assets, to plan for his incapacity, and to avoid probate. The beneficiary of the trust gains interest in the assets during the trustor's lifetime and gains possession upon the trustor's death.More... |
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| Precatory Language, Ademption, and Abatement |
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| One of the main purposes for making and leaving a will is to guide the administration of the estate of the testator--the person who made the will. A will should be written in language that is clear and indisputable. Alas, the language in a will may be unclear or vague. This article discusses the will interpretation and construction issues of precatory language, ademption, and abatement.More... |
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| Medicaid Trusts |
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| Medicaid is a needs-based (welfare) benefit program administered separately by each state, but funded in part by the federal government and in part by each state. A person qualifying for Medicaid is allowed to have only a minimal amount of assets, other than a home. Although each state may have certain differences in its particular Medicaid regulations, each must follow certain basic federal guidelines in order to be eligible for the federal subsidy. One of those guidelines is the waiting period imposed on a person who transfers assets and later applies for Medicaid benefits.More... |
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| Federal Estate-Tax Return - Deductions |
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| To be deductible, death-related expenses must be necessary, reasonable, allowable under state law, and have been paid (or be payable) by the estate. The IRS will attempt to disallow deductions for expenses that are not necessary to pay the dents or taxes of the estate or to preserve the estate or distribute it. More... |
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