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 Will
      A Living Will refers to a person's written or oral indication of the types of treatments he or she wants to receive if he or she becomes ill and cannot communicate his wishes at that time. A person who does not want to receive artificial life ...

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    • Repeal of N.C. Inheritance Tax: a Step In The Right Direction
      Many clients are aware that the General Assembly repealed the inheritance tax for estates of persons dying after January 1, 1999. What has not been as widely reported is that the inheritance tax was replaced by an estate tax which is equal to the ...

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    • 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 ...

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    • Living Trust as Alternative to a Will: What a Living Trust Is and Is Not
      A living trust (also known as a "revocable trust" or "inter vivos trust") can be an alternative to a will. Like a will, a living trust may direct the distribution of your property upon your death. And, like a will, a living trust may be altered, or ...

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    • Conservatorships
      A conservatorship is "a court proceeding to appoint a manager for the financial affairs and/or the personal care of one who is either physically or mentally unable to handle either one or both." 1) A conservatorship shifts the responsibility of ...

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    • Probate: Some Information You Should Know
      B> Probate, what does it mean? Probate is a legal proceeding where a judge will oversee the process of gathering the decedent's assets for the purpose of paying taxes, creditors, expenses and ultimately distributing the remaining assets to the ...

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    • Estate Planning: General Information
      By using a will, you tell the Personal Representative and Probate Judge who should receive your property. If you die without a will, the State determines who receives your property. This may or may not be what you intended. Yes - the function of ...

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    • New Bill Would Affect the Governance of Nonprofits
      Congress enacted the American Competitiveness and Corporate Accountability Act (commonly known as "Sarbanes-Oxley") in response to widely reported corporate and accounting scandals. Sarbanes-Oxley's principal purpose was to restore public confidence ...

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    • Estate Planning Frequently Asked Questions
      My wife and I just had our first baby. We don't have much money or property. Do we need a will? Yes. One of the most important things you can do for your children is to designate your choice of the person who would raise you children if you and ...

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    • Which Marital Deduction Formula Do You Use?
      The choice of marital deduction clauses is important. It effects the amount passing to the surviving spouse (and therefore, the additional State tax due upon the surviving spouse's death), whether income tax will be triggered upon funding the ...

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