Court Supervised Debate Process Essay

According to probate law, most of your assets will have to be processed by the court before your descendants can inherit them. This includes anything with a title or deed that will have to be legally transferred into the beneficiaries name, like real estate or automobiles. Other items, such as personal possessions, valuables, and even those that only have emotional value for your family members, are also considered part of your estate and must be distributed by the executor of the will.

"One question many have is, "what is probate?". This legal process begins when a loved one passes and is designed to show a will is valid, In addition, the process involves the identification

When I had told my friends I couldn’t eat breakfast with them on Monday morning they gave me a puzzled look, as we always eat breakfast everyday together. After some confusion I had to tell them sorry I can’t, I have to go to court. I got even more confusion. They probably thought “Oh no what has she done or what happened?” but truth soon be told that I was going there just to watch some court cases. Upon telling them that it was just for an assignment, they all looked relieved that they hadn’t befriended a convict in their first 2 months of college.

Thankfully, there are ways to minimize the amount of probate your family and friends will have to go through. Work with an estate lawyer to find alternate ways to divide your

The single most important reason to work with an estate attorney is to get their help making sure that your wishes are met after you pass. One way in which they will do this is to sit down with you and not only discuss how you would like to distribute your assets after you pass but also why you were distributing those items and your assets the

The main point of this video is the magnitude of participating in estate planning. One important aspect is making a will. The You Tube video I chose was from a law firm called, “Argon Law”. The speaker emphasized the advantages and disadvantages of making a will, so your wishes for the distribution of your assets at death/tragedy will be meet. “This includes Assets held by companies, assets held in trusts, and proceeds of life insurance are a few of the processes you must think about. One important statement he made. The law allows for your spouse, child or dependent to challenge your will after you die.”(Gallagher, 2014).

Sometimes the state may limit or prohibit an inheritance. This would be done for public policy reasons. For instance, two or more potential heirs die at the same time (perhaps in the same event of accident). The difficulty of providing which of the two potential heirs died first, second, third, etc. will often result in the state’s adoption of the Uniform Simultaneous Death Act. Under this Act, if one potential heir does not clearly survive the other potential hear by a certain amount of time, both will be treated as having predeceased the other. This results in equal shares of their jointly owned property being distributed to the heirs of both potential heirs. In addition, public policy could limit or prohibit inheritance of a person who was involved in an intentionally killing that left them benefitting from the act, i.e. if the killer would benefit from the victim’s death. In this situation the potential heir or “killer” would be treated as predeceased. Public policy can also block inheritance by an illegal alien unless there is a treaty in place between the United States and the appropriate foreign country that would allow the

The slogan embraced by The Law Offices of Robert S. Miles, APC , “People don’t plan to fail, but they sometimes fail to plan” says it all when it comes to estate planning. Many people would rather not think about what will happen to their estate after their deaths or what might occur should they become extremely ill. However, it’s important to plan for these situations, even if they aren’t pleasant to think about. To neglect to do so leaves the remaining family members and friends in a difficult situation.

Normally, the “Will” validly applies to Alvin’s both personal and real property in creating a testamentary trust which takes effect after his death. Unless otherwise, the state may consider other successor executor such as family members or a disinterested

Our client Mark Down had our firm do a will for him several years ago that gives all of his assets to his children (his wife died previously). He also executed a power of attorney, giving his son, Slowe, the power to handle all of his financial assets. Slowe called and told me that old Mark's health is starting to deteriorate and although he's still healthy, Slowe is worried that Mark may need Medicaid assistance sometime in the future. Therefore, he wants to try to remove Mark's assets (which consist mainly of a $300,000 brokerage account) from his name and give his assets to his children. Slowe told me that Mark

The two basic types of courts in the United States are trial courts and appellate courts. These two types of courts have two entirely different functions. The job of a trial courts is to determine questions of fact. Appeals courts, on the other hand, must determine questions of law. Appellate courts have the right to overrule jury verdicts and judges decisions due to the fact that an appellate court typically concerns itself solely with issues of law. An appeal is not the time to retry the case or to reargue the facts. In civil matters, either party can appeal the decision of the trial court. Usually in criminal matters, however, only the defendant may appeal a criminal conviction and the state is not

Now that you are aware of a few myths about probate, you can prepare yourself for what your loved ones will have to deal with after you pass

The probate process can go quickly, but it can also be lengthy, depending on the circumstances. The ultimate goal of this

This amount shouldn’t include funeral expenses or real estate. The probate process can be avoided altogether though if a person has a living trust, where their property is listed. Jointly owned property, life insurance with a designated beneficiary as well as any bank accounts that are either transferable or payable on death do not have to go through probate.

Real estate is often one of the hardest assets to administer, says Ms. Doyle. One beneficiary might be living in the house, while another might want it sold quickly. The executor must decide the listing price and the commission to pay the real estate agent, Ms. Doyle says. Unless amicable decisions can be reached among all of the beneficiaries, the executor may be forced to seek probate- court assistance, she says.