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Will Medicaid Come After Your Inheritance?
Medicaid is a government program that provides medical care, as well as long term elder care, for the elderly. It is not for everybody, as there are strict income limits and requirements, to qualify for Medicaid. But often, families who were once so grateful to have Medicaid for an elderly loved one, end up… Read More »
Exempt Property That Avoids or Passes Without the Need for Probate
When someone passes away, we naturally assume that all of their assets must go through the probate process, in order to ensure that the assets get transferred to whomever is supposed to get them. And that’s generally true–but it’s not true for every single asset. Exempt Assets Some property is considered exempt property. That… Read More »
No-Contest Clause Options to Avoid Will Challenges
Wouldn’t it be great if, when you’re making a will, you could include some kind of language or provisions, that deter anybody from challenging your will? No-Contest Clauses In many states, so-called “no-contest” clauses can be written into wills. This is language that punishes–and often completely disinherits–anybody who unsuccessfully challenges a will in probate… Read More »
Business Succession Planning: Things to Look Out For
If you have a business, you might want to pass that business on to your family, successors, or heirs. But on the other hand, you actually may not want to do that–after all, your family may not be qualified nor equipped–nor have the desire–to run your business, even if you leave it to them… Read More »
What Does a Letter of Administration Do in Probate Court?
If you have an estate that is in probate a personal representative must be appointed to handle the affairs of the estate. You can name a representative in your estate documents, or else, the court will appoint somebody, but whomever it is and however it happens, the representative must have paperwork from the court,… Read More »
What is an Ancillary Proceeding in Probate?
When someone dies, in most cases, you open a probate case to distribute their assets. But would you need more than one probate case? That might sound like it makes no sense—one death, one person, so only one probate case should be required. But it often happens that more than one probate case needs… Read More »
What Happens to a Car or Vehicle in Probate?
Although we all need and use our cars, and although they aren’t cheap items, cars are different from a lot of other assets that go through probate, because cars tend to depreciate. That means that unless a vehicle is a collectible of some sort, spending a lot of time and money fighting over a… Read More »
Thinking of Hiring a Paralegal Service to Help You in Probate? Read This First
Let’s say that you have a probate case, and you know that you can’t handle it yourself. Suddenly you see, or hear about a paralegal who is offering probate services, at what seems to be a very reasonable price. You figure that’s the best of both worlds–you get a legal professional, without the expense… Read More »
Who Owes the Mortgage Debt if the Owner or Borrower Dies?
As a general rule, when someone passes away, the estate will be liable to pay the creditors of the deceased for whatever the deceased owed those creditors. That assumes that the creditors timely and properly file their claims against the estate and it assumes that there aren’t challenges to the creditors’ claims, by the… Read More »
Would You Be Able to Spot Undue Influence or Coercion?
When someone makes a will, there are two basic requirements for the will to be valid: The person must know and appreciate the consequences of his or actions–that is, be mentally competent to make the will or other estate document. And the estate documents must not be the result of duress, pressure, force or… Read More »
