10 Steps to Having your Legal Affairs in Order

1. Make certain you have a will. Your will determines who inherits your property which is not jointly owned, is not in a trust, or does not pass to a beneficiary on your death. Your will also designates the individual(s) you want in charge of handling your estate. Even if you have a living trust, [...]

10 Mistakes Which Will Result in the Need for Probate

Kirk Falvay Estate Planning Attorney 1. Improper title to assets.              If you are trying to avoid probate, make certain all of your bank accounts and investment accounts are: 1) held jointly; 2) have a beneficiary upon your death; or, 3) held in the name of your trust. If any of your accounts are in [...]

5 Secrets to Estate Planning

1. Probate is optional for your family. You can avoid having your family deal with the probate courts and their unnecessary fees, taxes and legal costs. But to do so, you must be proactive. If you have planned your estate around a will, you have planned an estate which will go through probate.  Having a [...]

Trust Administration

When a person dies who has a living trust, a period of trust administration follows which is handled by the successor trustee(s) designated in trust. Unless a dispute arises, or clarification is required, this process is conducted outside of court. Therefore, a significant benefit of having a living trust is that court costs, fees, and [...]

Probate

Probate of person’s estate is necessary when a person dies if they own assets at the time of death which are not owned jointly with another, are not directed by beneficiary designation, or are not held in a trust. If the person dies with a will, the will is admitted to probate which appoints the [...]