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  • Contesting a Will - Contesting a Will Law Resources - LawInfo
    Will Lawyers in a specific location Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware District of Columbia Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming Share this information Top Related Contesting a Will Topics Insane Delusion No Contest Clause Testamentary Capacity Undue Influence Will Fraud Still have questions Contact experienced Contesting a Will Lawyers on LawInfo com or learn more about Estate Planning Find an Attorney in Your Area Legal Issue e g Personal Injury Location Area Code OR City State Advanced Search Options Popular Searches Wills Trusts Health Care Power of Attorney Contesting a Will Videos Will Contests Advertisements Find An Attorney By Practice Area By Location By Name Resources Hot Legal Issues Legal Forms Legal Library Law Videos Consumer Blog Forums For Attorneys Legal Marketing LawInfo About Us Jobs Partners Contact Us Authors Español Legal Copyright Notice Privacy Policy Terms Conditions Disclaimer Connect with us Google Facebook Twitter YouTube LinkedIn 5901 Priestly Dr Ste

    Original URL path: http://www.lawinfo.com/contesting-a-will.html (2016-02-15)
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  • Distributing Under a Will - Distributing Under a Will Law Resources - LawInfo
    LawInfo com or learn more about Estate Planning Find an Attorney in Your Area Legal Issue e g Personal Injury Location Area Code OR City State Advanced Search Options Popular Searches Wills Trusts Health Care Power of Attorney Advertisements Find An Attorney By Practice Area By Location By Name Resources Hot Legal Issues Legal Forms Legal Library Law Videos Consumer Blog Forums For Attorneys Legal Marketing LawInfo About Us Jobs

    Original URL path: http://www.lawinfo.com/distributing-under-a-will.html (2016-02-15)
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  • Executor - Executor Law Resources - LawInfo
    likely have discussed the appointment with the chosen person and obtained his or her agreement The person named does not have to accept the appointment An executor also can be appointed by the court when the testator did not name anyone Family members can recommend someone to be the executor and the court likely will accept the recommendation if the person meets the qualifications for executor Qualifications of an Executor The executor s job is a demanding one and probate can last from six months to three years Qualifications can vary by state law but in general an executor should be an adult of good character with some understanding of personal finance and property transactions Often the spouse adult child or other close relative of the deceased is appointed as executor but a family attorney a trustee or an entity such as a bank can be named the executor The executor is paid a percentage of the estate s value and is reimbursed for expenses The probate court must approve the choice of executor so it s best that someone honest and without a criminal record be recommended for the job It is no easy task to act as one s executor as it requires the individual to protect another s property while using the utmost degree of care honesty and good faith Ways in which an executor protects the deceased person s property include the following Paying the deceased person s debts Paying any taxes due from the deceased person s estate Making sure that the deceased person s assets are distributed to his or her beneficiaries Handling probate court proceedings Hiring an attorney to handle legal matter such as probate court proceeding If the executor does not fulfill his or her responsibilities of carrying out the terms of

    Original URL path: http://www.lawinfo.com/executor.html (2016-02-15)
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  • Health Care Power of Attorney - Health Care Power of Attorney Law Resources - LawInfo
    durable power of attorney to meet the following standards Signed and dated by the principal Notarized by a notary public Be in writing The principal must have the capacity to grant the durable power of attorney Each state warrants a particular process in creating or drafting a durable power of attorney for health care It is important to discuss these issues with an experienced estate planning attorney who works to defend your interests Difference Between a Health Care Power of Attorney and a Living Will Some individuals may confuse a durable power of attorney for health care with a living will A living will is used to describe the life prolonging treatments the principal desires in the event he or she is in a permanent vegetative state A durable power of attorney on the other hand allows the agent to make medical decisions for the principal when they simply cannot The information on this page is meant to provide a general overview of the law The laws in your state and or city may deviate significantly from those described here If you have specific questions related to your situation you should speak with a local attorney or find qualified local Health Care Power of Attorney Attorneys on LawInfo Or click to find Health Care Power of Attorney Attorneys in a specific location Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware District of Columbia Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming Share this information Search LawInfo s Health Care Power of Attorney Resources Still have questions

    Original URL path: http://www.lawinfo.com/health-care-power-of-attorney.html (2016-02-15)
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  • Intestacy - Intestacy Law Resources - LawInfo
    deceased Property Distribution under Intestacy Laws Intestacy laws vary by jurisdiction However generally the determination of property distribution under intestacy laws goes as follows if the deceased had no surviving heirs then the surviving spouse inherits all of the decedent s separate property If deceased had one child or another heir then the surviving spouse inherits 1 2 decedent s separate property If deceased had more than one child or issue then the surviving spouse inherits 1 3 decedent s separate property Surviving heirs inherit Where there is no surviving spouse children or grandchildren the parents of the deceased will inherit And where there are no surviving parents property is inherited by the deceased s brothers and sisters then nieces and nephews and on and on until valid heir or heirs are identified To determine whether illegitimate children half children children adopted by the deceased or children given up for adoption by the deceased qualify to inherit state law must be consulted Other Factors that May Have an Impact on Who Inherits Include Survivorship rules Some states may require that an heir survive the deceased by a minimum period of days before inheriting These rules were put in place to avoid unfair imbalances in the distribution of the estate when the deceased and an heir such as a spouse who receives the lion s share of the state die at the same time as in a car or plane accident Often this period is 30 days but in some states can be as short as 120 hours Slayer rules Many states have laws prohibiting an heir who is feloniously responsible for the death of the deceased to inherit Share this information Search LawInfo s Intestacy Resources Still have questions Contact experienced Intestacy Attorneys on LawInfo com or learn more about

    Original URL path: http://www.lawinfo.com/intestacy.html (2016-02-15)
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  • Trust Doctrines - Trust Doctrines Law Resources - LawInfo
    advocates for Mono Lake of California felt that Los Angeles water rights were threatening the recreational use of Mono lake its aesthetic values and the significance of the lake to wildlife Advocates argued that Mono lake s water levels were lowering as a result of diversions from nearby stream belonging to the City of Los Angeles In 1983 the California Supreme Court ruled that Mono Lake has public trust values and is a public trust resource of the state of California National Audubon Society v Superior Court This means that the state of California has a duty to maintain Lake Mono for their citizens The information on this page is meant to provide a general overview of the law The laws in your state and or city may deviate significantly from those described here If you have specific questions related to your situation you should speak with a local attorney or find qualified local Trust Doctrines Attorneys on LawInfo Or click to find Trust Doctrines Attorneys in a specific location Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware District of Columbia Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming Share this information Search LawInfo s Trust Doctrines Resources Top Related Trust Doctrines Topics Cy pres Doctrine Dishonest Assistance Doctrine Still have questions Contact experienced Trust Doctrines Attorneys on LawInfo com or learn more about Estate Planning Find an Attorney in Your Area Legal Issue e g Personal Injury Location Area Code OR City State Advanced Search Options Popular Searches Wills Trusts Health Care Power of Attorney

    Original URL path: http://www.lawinfo.com/trust-doctrines.html (2016-02-15)
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  • Trust Estate Administration - Trust Estate Administration Law Resources - LawInfo
    Trustee must abide by the rules set forth in the deceased person s trust As part of the trustee s job he or she must Notify the beneficiaries of the trust Notify the beneficiaries that they may see the trust Locate the deceased person s creditors Designate assets to the correct accounts Pay the debts of the deceased person to his or her creditors File tax returns as necessary Provide annual accounting records to the beneficiaries The trustee s duties may also include Compiling an inventory of assets in the trust Transferring title to any estate property not already encompassed by the trust Appraising the assets Filing federal state taxes on behalf of the trust Paying the grantor s bills and creditors Distributing the assets according to the terms of the trust The administrator has fiduciary duty to act in compliance with the terms of the trust instrument The administrator is acting in place of the grantor and must endeavor to do what the grantor may have in the same situation The information on this page is meant to provide a general overview of the law The laws in your state and or city may deviate significantly from those described here If you have specific questions related to your situation you should speak with a local attorney or find qualified local Trust Estate Administration Attorneys on LawInfo Or click to find Trust Estate Administration Attorneys in a specific location Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware District of Columbia Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia

    Original URL path: http://www.lawinfo.com/trust-estate-administration.html (2016-02-15)
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  • Trusts - Trust Law Resources - LawInfo
    trustee does not own the property and cannot benefit from it A trustee owes a fiduciary duty to the grantor and the beneficiary and must act with honesty and good faith in serving the interests of the beneficiaries Revoking a Trust In general most trusts are irrevocable unless rescinding or canceling a trust is provided for in the terms of the trust agreement A simple living trust can be revoked by reversing the process followed in setting up the trust Legal rights to the property is transferred back to the grantor who prepares and signs a revocation of trust document Common Types of Trusts Testamentary Trust Trust created by the terms of a written will and arise after the death of the grantor Living Trust A trust created before the death of the grantor Remainder Trust A trust in which the grantor places assets into an irrevocable trust and the assets go to charity on the death of the grantor but profits from the trust will go to the grantor or other beneficiary during the grantor s lifetime Resulting Trust If the grantor creates a trust without knowing the beneficiary has died the trustee holds the property in a resulting trust for the grantor Revocable Trust With this trust the grantor can adjust the terms of the trust and earn income and the corpus of the trust will be transferred upon death Special Needs Trust A trust set up to provide for the needs of a disabled or mentally incompetent beneficiary who receives Social Security and or Medicaid benefits to ensure the beneficiary s financial needs are met without reducing the amounts received from the government Spendthrift Trust A trust established with limits designed to curb the free spending extravagance of the beneficiary Totten Trust Also known as payable on death account is a trust in which the grantor deposits money in a bank account or security with instructions that upon the grantor s death the balance the account will go to a named beneficiary The information on this page is meant to provide a general overview of the law The laws in your state and or city may deviate significantly from those described here If you have specific questions related to your situation you should speak with a local attorney or find qualified local Trust Attorneys on LawInfo Or click to find Trust Attorneys in a specific location Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware District of Columbia Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming Share this information Search LawInfo s Trust Resources Additional Trust Articles Living Trusts Establishing a Trust for Your Kids What Is A Trust Top Related Trust Topics Asset Protection Trust Bare Trust Charitable Trust Constructive Trust Discretionary Trust

    Original URL path: http://www.lawinfo.com/trusts.html (2016-02-15)
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