| Executors -- Informal Transfer Procedures |
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| If the decedent died intestate (without a will), you have absolute freedom to select an attorney to help administer the estate. If the decedent died testate {with a valid will), you typically have the same flexibility, even if the testator specifically mentioned in the will that she wanted you to employ a particular attorney; this, under the law of most states, usually is considered merely a suggestion and is not binding. Since the attorney is an essential part of the estate administrative team, many executors prefer to have an individual with whom they can work effectively. Whether the attorney is the one selected by the decedent or one selected by you, his services are vital to the successful handling of many estates.More... |
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| Revocation of Healthcare Directives and Alternatives |
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| If you execute a healthcare power of attorney document and a living will, you can revoke or cancel them at any time. Most states do not require you to revoke the documents in writing. Be aware that if you have told your healthcare provider about your documents, many states require that you inform the healthcare provider of the revocation. More... |
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| Probate -- Overview |
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| In a civilized society, a legal mechanism for dealing with a deceased person's property is essential. Think of the chaos that would result if, when someone died, the law allowed anyone free access to take all or any part of the deceased person's property on a "first come" basis. Instead, we have developed a system that protects and sometimes directs the distribution of property on a persons death. Our laws recognize that some order must be maintained in the situation and so they provide, among other things, for what is called the right of "freedom of testation" and a legal process to deal with those estates that have exercised that right, as well as those that have not.More... |
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| Executors - Life Insurance |
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| While the collection of life insurance proceeds payable to a named beneficiary is not technically the executor's responsibility (since the moneys paid do not constitute an asset of the estate), for tax and cash flow and control reasons, be aware of all insurance policies on the life of the decedent. If the beneficiaries are relying on the executor to handle all of the decedent's affairs, including the collection of nonprobate assets, the executor should take an active role in helping them collect the proceeds.More... |
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| Fraudulent Transfers and Asset Protection Trusts |
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| It seems that all of us want protection from creditors, whether we need it or not. Trusts are one form of legal vehicle that can be used to protect assets, and there are a number of variations of these, both domestic and foreign. More... |
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