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

Do You Need a Will? You Bet Your Life

Are you married? Do you have children? Do you own a home or have life insurance? Are you concerned about taxes? Are you concerned about your family's future? If you have answered yes to any of these questions, then you should have a Will. Without a ...
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Do You Really Need A Will? Can You Afford Not To Have One?

Clients often ask if they need to have a will. The answer is no, you don't "need" a will, as state law will make a will for you if you die without one. The drawback is that all decisions about your estate will be made without regard for your wishes ...
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Does Elimination of the Federal Estate Tax Mean Elimination of Estate Planning?

The battle over whether to repeal or reduce federal estate and gift taxes will probably be resolved this year. For the moment, however, the federal estate and gift tax system remains intact following former President Clinton's veto of Congressional ...
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Does This Apply To You?

I want to control and protect my property while I'm alive, take care of me and my loved ones if I become disabled, give what I have to whom I want, the way I want, when I want, and to do it all at the lowest overall cost to me and my loved ones. If ...
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Durable Power of Attorney

The Durable Power of Attorney is a tool which should be part of every elder American's legal plan. The Durable Power of Attorney is a document that allows a person, called the principal, to grant another person the ability to do legal transactions ...
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Durable Powers of Attorney: What are They?

The "durable power-of-attorney" is one of the most powerful and important planning tools that an attorney can recommend to a client, not only for estate planning, but also for Medicaid and other public benefit planning. When a person (the ...
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Durable Powers Of Attorney

A power of attorney is a document by which you appoint a person to act as your agent. An agent is one who has authorization to act for another person. The person who appoints the agent is the principal; the agent is also called the attorney-in-fact ...
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Educational Tax Incentives: A Comparison Of The Alternatives

The Taxpayer Relief Act of 1997 introduced several new tax incentives to help finance higher education. The following is intended to highlight some important issues related to these new higher education tax incentives and to provide an overview of ...
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Employee Benefits Regulatory Update: DOL Announces Automatic Extension for Filing 1999 Form 5500

The Department of Labor (DOL) has just announced an automatic 2= month extension for filing 1999 Form 5500 for calendar year filers whose returns would normally be due by July 31, 2000. No Form 5558 need be filed. Plans with normal due dates later ...
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Employee Investment in Private Funds

Last year, the SEC gave various employees of a private investment company or its manager essentially a "free pass" to invest in the company. SEC Rule 3c-5 allows certain "knowledgeable" employees to invest in a private fund excluded from investment ...
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