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

Del. Sup. Ct. Rules Fiduciary May Not Recover Control Premium Paid for Illegally Purchased Shares

In an en banc decision, the Delaware Supreme Court recently provided guidance on analyzing the proper price a beneficiary must pay to recover shares obtained by a fiduciary in violation of the corporate opportunity doctrine. In so doing, the court ...
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Delaware Environmental Legislation And Regulations: Recent Developments

During 2004, the State of Delaware has enacted significant new legislation designed to promote brownfields development and to fund environmental improvement projects. Other legislation that would have instituted mandatory recycling failed to gain ...
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Disclaimer Trust

The use of the disclaimer trust, incorporated into a will, may be a viable alternative and useful in estate planning situations when the combined assets of the spouses are less than $650,000 (exemption equivalent to $650,000 for increasing to ...
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Distribution Of The Probate Estate If There Is No Will

Generally, if a person dies without a Will - i.e., dies "intestate" - the laws of the state in which she resided at death will direct how the property passing through her probate estate will be distributed. (See article entitled GETTING PROPERTY TO ...
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Division of Property upon Divorce

What is Community Property? It is presumed that all property acquired by the parties during the marriage is community property. Separate property is that property owned by a spouse prior to marriage or acquired by a spouse during marriage by gift ...
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Divorce in Texas

A divorce is one of the most stressful and traumatic events in your life. It is surrounded by myth and misunderstanding. The information in this web site covers some of the more important legal concerns of the parties to a divorce and some of the ...
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Do Estate Planning Terms Confuse You?

If you answered "yes" to the question put by this article's title, you are far from alone. Indeed, there are so many terms relating to estate planning in the air these days that it is a small wonder that they don't collide with each other. Failure ...
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Do’s and Don’ts of Selecting Assets to Give as Gifts

In selecting property to give as a gift, the following general rules apply; however, you should consult with your estate or tax attorney before making a significant gift. Do make gifts of property that would otherwise prevent qualification under ...
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Do You Have A Will?

A will is a written direction controlling the disposition of property at death. The laws of each state set the formal requirements for a legal will. In Florida: No will becomes final until the death of the testator, and it may be changed or added ...
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Do You Hold Title In Joint Tenancy?

This is not often the most advantageous way to hold title to property owned jointly with you and your spouse. IF YOU HAVE ANY QUESTIONS ON HOW TITLE TO PROPERTY SHOULD BE HELD OR WISH TO DISCUSS PREPARATION OF A WILL OR TRUST, PLEASE GIVE OUR OFFICE ...
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