Currently viewing the tag: "executor"

In Trusts We Trust: Day 52

February 1, 2012 by

Standby Trust A Standby Trust is an investment plan created by the owner of the trust and carried out by the executor of the trust at the direction of the creator.  The trust is created during the lifetime of the creator and then is carried out per the creator’s directions at the time of his […]

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In Trusts We Trust: Day 14

December 2, 2011 by

Constructive Trusts To understand a Constructive Trust, we must first understand that a constructive trust is not a trust, in the typical sense.  Typically a trust is an estate-planning tool into which the grantor has titled their assets, and an appointed trustee has duties of administration enduring for a substantial period of time.  A Constructive […]

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For the past few days I’ve been covering the process of probate itself, and what happens when an executor, administrator or personal representative has been appointed by the court.  I’ve gone through a step-by-step process of what that person must do to comply with and complete the process of probate.  For the next several days […]

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If you’ll recall from yesterday’s post, I mentioned that a probate had to accomplish the following items: Legally prove in court that a deceased person’s will is valid, Identify and inventory the property of the deceased, Appraisal of the decedent’s property, Pay creditors, Pay outstanding taxes, Distribute all remaining assets to the rightful heirs. Yesterday […]

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At the risk of sounding harsh, death is a fact of life.  That being the case—and it further being the case that most people die without a will—it stands to reason why probate would impact such a large number of people. A research study conducted in 2007 by Harris Interactive for Martindale-Hubbell found that 55% […]

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Because of the fact that probate impacts so many people—while remaining one of the most misunderstood legal processes which exists—we’ve decided to write a series of posts on the topic. The series will answer not only what probate is, but it will also answer questions you may have about the topic, in plain and simple […]

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The biggest mistake people make in estate planning?  Not making a will at all.  If you don’t want the state to decide who gets what, and if you want to avoid family feuding for generations to come, you should prepare one.  Next to failing to prepare entirely, here are a few mistakes that could prove […]

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I can’t tell you the number of times in the past twenty-four years since I’ve been practicing law that a new client comes through my doors and they want me to make up for the fact that they didn’t get an estate plan—though they’d always been meaning to—or they had an estate plan (or a […]

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