Estate Planning and Wills

Have You Created a Will Contest?

One clear thought to have in the front of your mind when you are preparing each provision of your will is this - have I created a will contest? That is, have I specified an act which is likely to lead to one or more of my relatives, or friends, or others to contest my will? Naturally, it is bad enough to be in probate court, probating your will.

Fundamental Elements of a Trust - How Do I Recognize A Trust?

Under most state laws, there are four elements which must be present to establish a trust:

Fiduciary Relationships

The relationship created by the formation of the trust between all of the parties is a special relationship recognized by law as a fiduciary relationship. A fiduciary relationship requires that some of the parties may have duties to the others in the relationship that are greater than one would normally have in a transaction with a neighbor or friend or associate.

Do I Really Need a Will?

Most people know that wills are legal documents that specify directions for the disposition of property after the death of the person who makes the will. Wills may also specify certain other instructions or wishes which can be followed by those people who are appointed to administer the estate of the person who dies.

Each State has Strict Rules Governing the Creation and Operation of Wills

Each state has a certain number of requirements that operate to specify how a valid will may be prepared and what steps should be followed to prepare a will which can be probated at a later date. The purpose of these seemingly strict rules is to ensure that the person creating the will follows certain formal requirements and appreciates the seriousness of the legal act they are performing.

Google LegalAccess