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

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 ...
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Types of Charitable Organizations

Section 501(c)(3) of the Internal Revenue Code is one of the sections that is commonly referred to. An organization that has qualified under this section will have the following two principal tax benefits, namely: A private foundation is a ...
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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 ...
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U.S. Tax Rules Can Apply to Inheritances and Gifts from Abroad

An increasing number of individuals are becoming globally mobile, relocating from country to country. As a result, attorneys providing estate planning and administration services are being asked questions regarding the income and estate and gift tax ...
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Understanding Living Trusts

A living trust is a very flexible document for your estate planning and may save money at the same time. The living trust provides a vehicle of ownership that manages your property if you become incapacitated and distributes it on your death, all ...
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Understanding Trusts

A trust is a contract between a Trustmaker (you) and a Trustee (you) for the Management or Distribution of Assets to your Beneficiary (you while you are alive and in good health and during your disability). There are two types of Trusts, the first ...
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Unified Gift And Estate Tax System

Regardless of how property passes at death, for estate tax purposes a decedent's "taxable estate" will include the value, at the time of death, of all interests in property owned by the decedent, real or personal, tangible or intangible, wherever ...
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United States v. Craft: Creating a Federal Common Law of Property?

The meaning of "property" in the federal context is not always clear—and courts have given the term vastly different meanings and scope depending on whether the Due Process Clause or Takings Clause or at issue. In many cases, however, the existence ...
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UPREITs, Down-REITs And Other REIT Vehicles: Should You Go Along For The Ride?

Since 1990, real estate investment trusts ("REITs") have been the primary new vehicle through which investors have chosen to own real estate. Market capitalization has expanded from $5.5 billion in 1990 to nearly $140 billion as of June 30, 1998 ...
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Use of Disclaimers

Estate planning attorneys prepare wills and trust agreements for the purpose of minimizing federal estate tax. The most common plan for a married couple involves the preparation of a credit shelter trust and marital deduction trust for both husband ...
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