Category Archives: Probate
Do You Get Paid To Be The Personal Representative Of An Estate?
Being the personal representative of a deceased person’s estate is work, and there are various reasons why someone might welcome the task or why someone might dread it. If the testator of the will named a family member as personal representative, the personal representative might see his or her role as personal representative as… Read More »
Signs That You Should Hire A Probate Lawyer
You never procrastinate, and you never shy away from difficult tasks. You always file your taxes before March 31. When you moved to Florida, you got the hurricane shutters on your house functional by May of the first year you were here. You unpack your suitcase by the time you go to bed on… Read More »
How Bad Is It To Drag Your Feet Before Opening An Estate For Probate?
Once you open a deceased family member’s estate for probate, you are constantly trying to meet deadlines. You must file the decedent’s final tax return by April 15 or else file for an extension, in which case you must file it by October 15. Once you publish the notice to creditors, they have three… Read More »
What Does It Mean When You Say That An Estate Is An Independent Entity
“Entity” is one of those concepts that it is hard to wrap your mind around even after you define it. The definitions that fit on a flash card leave more questions than answers. An entity is something that exists. Is it the same thing as a being? A substance? A thing? If you take… Read More »
Coping With The Thankless Job Of Being The Personal Representative Of A Deceased Person’s Estate
Until you have to do it, being the personal representative of a deceased family member’s estate sounds like an honor. It gives you a chance to make peace with the loss of a close family member, and even though you would never admit this in front of the other beneficiaries of the will, it… Read More »
How To Disclaim An Inheritance
Estate planning lawyers warn their clients not to use their wills as a tool to micromanage their families from beyond the grave. If the testator stipulates that his children can only inherit from him if they marry within the family’s faith community, for example, everyone loses. If the children follow their father’s wishes, their… Read More »
The “Insane Delusion” Challenge To A Will
Even though the state has laws for passing property to your relatives, writing a will is an empowerment act. Your heirs might be surprised about your choices about what to do with your property; they might not like it, but your word has the force of law. If a disinherited family member wants to… Read More »
Legal Conflict Management Measures For Inheriting A Real Estate Property Jointly With Family Members
Homeownership remains the marker of generational wealth, even as it becomes increasingly elusive. Most homeowners in the United States have parents who were homeowners, and the greatest predictor of whether Americans under the age of 40 will ever be able to afford to buy a house or condo is if their parents own real… Read More »
Can The Personal Representative Of An Estate Resign From The Role?
No one enjoys being the personal representative of a deceased person’s estate, with the possible exception of lawyers who choose to focus their practice on estate planning and probate cases. It is at least as much work as filing your taxes, and even if you get an inheritance at the end, this inheritance is… Read More »
The Risk Of Identity Theft Does Not End When You Die
If you are a caregiver for an elderly family member, you are always on your guard against financial abuse. You monitor your elderly family member’s transactions, and perhaps you even have a power of attorney. You get suspicious when a professional caregiver or anyone else seems overly interested in befriending your family member. Maybe… Read More »
