When used in a will, trust, or retirement account, per stirpes is a Latin term that means by branch. It describes how your assets are divided and distributed in the event that a beneficiary passes away before the testator (the person who wrote the will). Following per stirpes distribution, if one of your beneficiaries should […]
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A Last Will and Testament and a trust are key legal instruments used as part of a comprehensive estate plan to pass accounts and property from a deceased person to their heirs. A pour-over will is a specialized will designed to ensure that any assets or accounts not funded into a trust are transferred or […]
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Your last will and testament is one of your most important estate planning documents. Although only about 42% of U.S. adults have a will, this critical document enables you to provide instructions regarding how you want to pass on your accounts, property, and other assets and, if you have minor children or pets, how you […]
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A last will and testament is an important part of your estate-planning documents. Using this document, you can express your wishes for how your possessions will be distributed, name an executor to manage your estate, and appoint guardians for minor children or pets. Accounts with beneficiaries should be left out of your will to avoid […]
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Even though only about half of Americans currently have a will, having one as part of a comprehensive estate plan is the best way to guarantee that your loved ones will inherit the assets you’ve worked a lifetime to accumulate. If you do not have a valid will, the state will use intestacy laws to […]
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If you are concerned that any of your beneficiaries may be disgruntled enough with their inheritance that they bring a legal challenge against your will, you can mitigate that possibility by adding a no-contest clause in your will. If you have a no-contest clause in your last will and testament, anyone who disputes the validity […]
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The probate court issues letters of testamentary approving an executor of a will to manage the decedent’s estate. But what happens if someone dies without a will, also known as dying intestate? The surrogate or probate court uses letters of administration to authorize a person known as the administrator to manage the decedent’s estate. A […]
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A comprehensive estate plan provides peace of mind that your assets will be distributed to your loved ones upon your death exactly as you intend. A last will and testament and a trust are two estate planning tools that serve slightly different purposes, complement each other well, and are frequently part of an estate plan. […]
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No one wants to believe their family member would contest their estate plan by alleging they weren’t competent to write it. This is more likely when you disinherit someone who ordinarily would have received money and property from you or if you have been diagnosed with a mental condition that is associated with deteriorating mental […]
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Imagine you have been named the executor for your grandmother’s Last Will and Testament. She names you and several of your cousins as her beneficiaries. You happily accepted this role, but you have a problem. You haven’t talked to two of your cousins in over a decade. You have no idea how to reach them. […]
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