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

What Happens When Someone Dies Without Leaving A Will

Uncle Charlie has just passed away. The family has searched everywhere at his home for his will or a copy of his will. They have found no evidence that Uncle Charlie had a safety deposit box. They have even called all of the local law offices and ...
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What I Own And Where

We have discussed in recent articles the importance of making a Will, the possible contents of that Will and the criteria that should be considered in selecting an Executor. One of the first duties of the Executor is to probate the Will and receive ...
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What is a Joint Tenancy?

Joint tenancy is a form of ownership by two or more individuals together. It differs from other types of co-ownership in that the surviving joint tenant immediately becomes the owner of the whole property upon the death of the other joint tenant ...
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What is a Living Trust?

A trust is a legal arrangement in which you (the "trustor" "settlor" or "grantor") place property into trust for the benefit of one or more "beneficiaries". A living trust is a specific type of trust which is created to begin operating during life ...
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What Is Guardianship?

A guardianship is a legal proceeding in the circuit courts of Florida in which a guardian exercises the legal rights of an incapacitated person. A guardian is an individual or institution such as a bank trust department appointed by the court to ...
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What is Probate?

Probate is a legal process that involves the valuation and the distribution of a deceased person's estate. This process takes place even if you have a will. The probate process can take months; even years. The costs can easily run up to several ...
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When Someone Passes Away: A Guide through the Maze of Probate in Massachusetts

When a close relative or friend passes away, the reality of the loss can be devastating, regardless of the age or medical history of the decedent. Just when you think you're starting to get everything under control again, your attorney mentions ...
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Where there is A Will, There is A Way

As an attorney who concentrates in wills, estates and trusts, I have written many wills for many clients over the last 17 years. Often, these wills were written in a rush for couples with children who did not have a will and were taking a vacation ...
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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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Who Should be the Beneficiary of Your Qualified Retirement Plan Benefits

Qualified retirement plan benefits are generally included in a deceased participant's estate under Internal Revenue Code §2039(a), which provides that a decedent's gross estate includes the value of an annuity or other payment receivable by any ...
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