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

Choosing the “Best” Trustee

The selection of a trustee for a revocable living trust is one of the most important decisions when developing an estate plan. It does not matter how well a trust is drafted, if it is not correctly administered your goals may not be carried out ...
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Claims Against Spouse under Community Property Obligation No Longer Permissible

In the not yet final decision in 11601 Wilshire Associates v. Helen Grebow, 98 Daily Journal D.A.R. 5789 (1998), the California Court of Appeal, Second Appellate District, has ruled that a landlord had no cause of action against a wife simply ...
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Common Estate Planning Mistakes

An estate can be a terrible thing to waste. Lack of or improper estate planning can cost you money in the form of estate taxes and probate, and create headaches for your heirs. Here are 10 estate planning mistakes to avoid ...
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Common Questions

If I transferred money to my children now would I have to wait thirty-six months before I could be eligible for Medicaid? Not necessarily. The thirty-six month rule that your question refers to concerns the waiting period for Medicaid benefits. The ...
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Congress Opens the Door to Leave More to Your Heirs and Less to the IRS

For professionals and their spouses who have avoided estate planning for themselves and their families for any number of reasons, Congress just issued a "wake up call" of sorts by changing the estate and gift tax laws. The changed laws are a hearty ...
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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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Contest Marketing And Its Dangers

The SAXLAW Report Fall 1998 ...Prejudice against foreign investment should cease if Vietnam wants to stem a steep decline in overseas project approvals. --A Saigon Economic Times editorial commenting on the need for Vietnam to be more friendly to ...
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Current Developments in Latin America

In recent years, foreign investor interest in Mexican real estate has focused on hotels in the many beach resorts attracting hard currency bookings, principally from the United States and Canada, and on premier office buildings attracting foreign ...
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Current Events In Trusts & Estates

In Baine P. Kerr, et ux. v. Commissioner, 113 T.C. No. 30 (12/31/99), the IRS challenged a transfer to a family limited partnership designed by Stacey Eastland. The IRS argued that under IRC '2704(b) it could disregard the restrictions on ...
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Current Opportunities for Hospitality Industry in Asia

The Asian economic crisis that began last fall, as well as Japan's lingering economic stagnation following collapse of the asset-inflation "bubble" in 1991, have caused the worlds' political and economic leaders substantial anxiety due to the ...
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