Gifts by will or in trust are often made to someone who dies before the deceased maker of the will or trust (Testator or Grantor). Anti-lapse statutes provide that the descendants of the deceased named beneficiary take the gift if the named beneficiary was a descendant of testator or grantor. Otherwise the gift to the [...]

In any trial where a deceased person’s administrator or executor or a disabled person’s or minor’s guardian sues or defends no adverse party or person directly interested in the action can testify on his or her own behalf to any conversation with the deceased or minor or disabled person or to any event which took [...]

Probate is required only for property of the decedent which passes by the terms of a will or the laws of inheritance. If the decedent had no property at the time of death or his or her property passes to people designated to receive it in the property documents there is no estate to probate. [...]

Common estate litigation involves disputes over the validity of a will or          the meaning of a valid will. There are also disputes over who the heirs or legatees are or over who owns property claimed by the estate. Litigation where an interested party charges the executor or administrator with wrongdoing is also [...]

n estate planning this phrase refers to planning for the transfer of business ownership and control to the right persons while minimizing the tax cost. The concept usually applies to closely held family owned businesses.                     In a typical situation a business is owned by a father whose [...]

Many assets are structured in such a way that the owner can designate who will be the new owner upon the present owner’s death. The form used to do this is often called a beneficiary designation. The act of designating the beneficiary or the fact of a beneficiary having been designated are also      [...]

A variety of steps can be taken to protect assets from creditors. One          simple step is to transfer your assets to your spouse. This assumes you have a healthy marriage and that your spouse’s creditors are not a problem. It may also interfere with planning to avoid estate taxes. Other devices which [...]

This is a written agreement entered before a marriage that usually deals with what happens to the parties’ assets and income in the event of divorce or death.   For instance, it can specify what a surviving spouse gets on the death of the other spouse.   It can increase or decrease inheritance rights. To be enforceable [...]

Many people want to avoid probate for the following reasons: It is expensive.  It takes time.  It is public. An estimate of the value of your assets is filed and an inventory of property may be filed  It provides a forum for creditors to get paid.  It allows a spouse to claim a statutory share [...]