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Wills & Estates

The Uniform Probate Code has shaped state law in this field. It includes provisions dealing with affairs and estates of the deceased and laws dealing with specified nontestamentary transfers, like trusts and their administration. The theory behind the Code is that wills and trusts are in close relationship and thus in need of unification. Since its creation, over thirty percent of states have adopted the Code substantially in whole.

Since many individuals neither set up trusts nor execute wills, state intestate succesion laws are an important complement to trust and estate law. They determine where an individual's assets go upon death in the absence of a will.

Wills & Estates Sub-Categories

Estate Planning - Under the American law, when any person dies, their estate has to pay certain estate taxes. Estate taxes have to be paid if the value of an individual’s net assets (assets minus debts) exceeds the maximum exempt limit allowed by the law at the time of death.

Probate - Upon the death of a person, the estate belonging to the deceased has to be divided between the people to whom the decadent wanted the estate to go. This is determined via a will, which is written and witnessed by the decadent during his or her lifetimes. In the event that there is no will – perhaps one was not left by the decadent or the will cannot be found – the estate determined who inherits the estate, and in some cases it may actually go to the state if there is no natural beneficiary to be found. These processes are known as probate.

Trusts - Generally, a trust is a right in property (real or personal) which is held in a fiduciary relationship by one party for the benefit of another. The trustee is the one who holds title to the trust property, and the beneficiary is the person who receives the benefits of the trust.

Wills - A will is a very simple document, and this is a legal paper that clarifies what your assets are and whom your chosen beneficiaries are. The will is an important document that is used in the probate process after your death to ensure that all of your assets are given to the rightful beneficiaries as per your wishes and instructions.


Wills & Estates Articles view all items

What Is Probate?
Author: David R. Baker
What is Probate? Nobody voluntarily chooses probate. People are too busy or preoccupied with health or other issues to plan.

What's New With Your Living Trust?
Author: Jeffrey Broobin
Some time ago, Congress made certain changes to the estate taxes.

Strict Liability
Author: Evan Bailyn
One of the underlying precepts of criminal law is a Latin maxim that holds 'there can be no guilt without a guilty mind'.

Statute of Limitations
Author: Evan Bailyn
There was no statute of limitations in common law. It is a statutory creation and is not drawn from an individual's inherent rights but from "legislative grace."

Parties to a Crime
Author: Evan Bailyn
Common law gave broad definition to parties to a felony as follows: • Principal in the first degree - he engaged in the felonious conduct; • Principal in the second degree - he was present, aided and abetted its commission; • Accessory before the fact - he was not present but aided and abetted prior to the commission of the felony; • Accessory after the fact - he was not present but aided thereafter in order to protect the principal(s)


Wills & Estates Resources view all items

LexisNexis
Trusts, Estates, Wills, Probate Law.

American Bar Association
Wills and Estates Law

WashLaw
Wills and Estate basics.

Frequently Asked Questions view all items

Chooselaw FAQ
This is a section devoted to frequently asked questions about Wills & Estates here on chooselaw.

Estates and Wills FAQ
General questons about estates and wills are answered here.

Estate Planning and Probate
General questions about estate planning and probate.

General Questions - Wills and Estates
General questions about wills and estates.

Latest Wills & Estates News view all items
New law protects pets following owners' death...
23 Jul 2008 at 6:16pm
The law is intended to reduce the burden on pet shelters and guarantee that people's wills are carried out as ...

New Law Strengthens Directives in Pet Owners'...
22 Jul 2008 at 5:02pm
California has a new law designed to make sure the will of pet owners is carried out when providing for animal...

California Pet Trust Bill Signed Into Law (CB...
23 Jul 2008 at 6:26pm
Gov. Arnold Schwarzenegger signed a bill into law Tuesday that aims to protect animals after the deaths of the...

Court rules in Illinois cops' favor in Indian...
25 Jul 2008 at 1:34am
SPRINGFIELD The Illinois Supreme Court ruled Thursday that Chicago police did not violate an Indiana law tha...

more news items


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