Wills, Trusts and Probate Law

Probate attorneys handling wills, trusts, and estate administration must typically advise their clients on matters such as beneficiary designation, how to form a life estate in property, what will happen to property if your client fails to make an estate plan, and more. FindLaw’s Corporate Counsel Center Law Library has law articles written to help you better understand specific estate planning techniques and when to consider forming a trust on your client’s behalf. If your client needs a living will or an advance health care directive, click on the articles below to help inform your research and learn the requirements of each state, such as the number of witnesses necessary and who can be designated as a health care surrogate.
Wills, Trusts and Probate Law Articles
    • LIVING TRUSTS: How To Avoid Probate
      Probate can take two forms. The most common form of probate is the Court process that oversees the transfer of a decedent's assets to his or her heirs. In many states, the decedent's will has to be filed with the Probate Court, notice of death has ...

      Read More »

    • Living Trusts and Estate Planning
      If you have been on this planet long enough, you have received a solicitation from at least one attorney or seen an advertisement for a seminar in the Sunday paper praising the benefits of a Living Trust to avoid putting your loved ones through the ...

      Read More »

    • The Canadian Income Trust Market
      An income trust allows stable, profitable businesses to operate under a tax efficient structure to regularly distribute cash flow generated by the business to holders of units of the income trust. The income trust structure has grown in popularity ...

      Read More »

    • Last Will And Testament
      A Last Will and Testament is the means by which a person disposes of property after his or her own death. The Last Will and Testament can only dispose of those assets that are in the sole name of the person who has died. The Last Will and Testament ...

      Read More »

    • Tax Law and Funding Future Education: A More Attractive Way to Save for College
      Parents of college-bound children were thrilled when Qualified State Tuition Programs were first introduced. (See, Saving for College: A Tax-Favored Strategy, White and Williams Executive Newsletter, Summer 2000.) Now the news has gotten even better ...

      Read More »

    • Trust Companies
      The recent surge in popularity of the trust company as a vehicle for the delivery of professional investment management services is not surprising. Because trust companies are subject to regulation substantially similar to that applicable to banks ...

      Read More »

    • Ten Estate Planning Techniques To Consider
      The 2001 Tax Act, which made substantial changes to the federal transfer tax laws, created uncertainties regarding how and when to embark upon or alter tax-focused estate planning. The Act increased the estate tax exclusion amount from $675,000 to ...

      Read More »

    • IRS Liberalizes Rules on S Corporation Ownership by Trusts
      Once upon a time, S corporations (the kind which pay no federal income tax at the corporate level) had to be owned by a few individuals. Then the concept of "a few" expanded. After that, a limited form of trust was allowed to own stock in S ...

      Read More »

    • U.S.-Canada Cross-Border Income Securities
      Income funds have become increasingly popular in Canada in recent years and have become an investment vehicle of choice for many investors. Private and public companies have found the income fund structure to be a very effective way to raise ...

      Read More »

    • The Living Will: Is it Just a Simple Declaration?
      Nevada law refers to a Living Will as a declaration. This document serves as a directive to physicians and family that life support devices may be withheld if a person is in a terminal condition and death is imminent within a relatively short ...

      Read More »