In the field of estate planning and probate law, the legal doctrine known as “ademption” is an important construct to understand. You should speak with a good estate planning lawyer in your state for further information about the laws where you live. The basic definition of ademption is provided once again by my favorite law…
Author: Flanders Law Firm LLC
Probate Law | Should Personal Property be Included in a Will?
Many people likely do not understand the extent to which they can dictate how, when, where, and why their personal property is transferred upon their death. Probate proceedings dictate how all property – both real and personal – is transferred upon someones death. Probate lawyers know this, but laypeople often do not. Either that or, in…
Probate Law | What Does “Probate Property” Mean?
The term probate and probate property is, in my opinion, largely misunderstood by the public at large. Unfortunately, only a good probate lawyer will typically understand these complicated legal terms. Why is it important to understand the meaning of the term “probate property”? Because it has a significant impact on the administration of an estate…
Probate Law | First Steps to Take After a Loved One’s Death
Many questions arise in the mind of a probate lawyer when a potential client first calls the attorney’s law office. The efficient handling of a client’s concerns helps to minimize delays and errors when the estate is administered. Often, lawyers are contacted by grieving family members a short time after a loved-one’s death. Common questions…
Probate Law | State Interest in Just and Speedy Probate Administration
There is no federal law of probate or estate administration. That isn’t to say that federal law doesn’t play a role. It does – mainly in the form of estate taxation. However, the laws related to how a probate estate is administered are enacted by the states. Every state has slightly different laws related to how…
Probate Law: What Must be Included in the Petition for Probate of Will and Appointment of Personal Representative?
If you have been appointed as the personal representative in a loved one’s Will and you have hired an estate lawyer, in most states, you will need to file a formal legal document, often called something similar to a “Petition for Probate of Will and Appointment of Personal Representative.” Although the law changes from state-to-state…
Estate Planning | Retirement Plans in Trouble as People Struggle to Pay Down Debt
Ok. I know the economy stinks. Not only does it stink in the United States, but it stinks throughout the world. An article out of the U.K. demonstrates the point as author Sion Barry writes in Wales Online that people are not thinking about their retirements plans. Instead, they are worried about debt. Mr. Barry makes…
Estate Administration | Beginning an Informal Estate Administration Proceeding
As I’ve discussed, in many states throughout the United States, there are two typical forms of estate administration: (1) formal and (2) informal. For this post, I want to discuss and informal probate proceeding. Caution: you should talk with an estate administration attorney in your state about these topics as the law in your state…
Estate Planning: Formal and Informal Estate Administration
Although the law is different in every state, and you should talk to your estate administration lawyer in your state about the process, it is true that many states of two, basic kind of estate administration procedures: (1) formal and (2) informal. What is the difference between formal and informal estate administration? I will apologize…
Estate Administration: How to Respond to Creditor Claims
Dealing with the probate estate can be a tough job for the personal representative. Perhaps the biggest reason why the job is so difficult is that the personal representative usually has never done it before. Furthermore, the personal representative is often a child or spouse of deceased loved one. Add all that up, and it’s…