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.

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Wills, Trusts and Probate Law Articles

New Required Minimum Distribution Regulations

The IRS recently issued new proposed regulations modifying the conditions under which trusts may be treated as designated beneficiaries of a participant's interest in a qualified plan. As you may be aware, Section 401(a)(9) of the Code generally ...
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Now That 404(c) Is Here, What Do I Do with It?

The Department of Labor issued final regulations under section 404(c) of ERISA at the end of 1992, effective for 1994 plan years. As we discussed in detail in our December, 1992 Bulletin, ERISA section 404(c) provides that if a participant or ...
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Offshore Trusts and Offshore Personal Holding Companies

In recent years, an increasing number of families have established Offshore Trusts and Offshore Personal Holding Companies (OPHC) to make their investments in United States Stocks, Bonds, Securities, Real Estate and other U.S. Assets. Their ...
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Pennsylvania Tax Cuts for Businesses and Individuals

Pennsylvania Governor Tom Ridge signed into law on May 24, 2000 the largest tax cut in the history of the Commonwealth, dramatically reducing taxes for businesses and individuals. A few of the more significant changes, as passed in the legislation ...
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Plan Trustees Must Act Prudently in Resigning

The Third Circuit has recently ruled that a plan trustee has a fiduciary duty to disclose to plan participants its reasons for resigning if the resignation and appointment of a successor trustee may cause harm to the plan participants or ...
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Planning for Incapacity

Estate planning can also include "incapacity planning." This means laying the groundwork to prepare for your possible incapacity. You can specify who you want to assist you with managing your financial affairs, and with providing for your food ...
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Possible Charitable Program Goals

The following is a listing of possible program areas of service for the foundation. Within each specific area - there will be a variety of ways to help - 1. Children 2. Families 3. Education 4. Hunger 5. Housing 6. Disabled Persons 7. The Elderly 8 ...
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Preparing For the Sale of Your Home

The most disconcerting call a homeseller can receive is one advising him or her that their closing must be delayed. As a lender's attorney over the past twenty years, I have had to make such a call too many times. At best, everyone's schedule is ...
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Probate and Trusts

When you die someone must take care of your assets and someone must distribute the assets to you heirs. This usually takes years and can cost up to 10% or more of everything you have. When you die, if you have a will or you do not have a will, and ...
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Probate In Florida

Probate is a court-supervised process for identifying and gathering the decedent's assets, paying taxes, claims and expenses and distributing assets to beneficiaries. The Florida Probate Code is found in Chapters 731 through 735 of the Florida ...
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