estate law

In order to cash checks from your deceased spouse, you will need to show written proof that your partner has passed away and that you were legally married at the time of his death. Although most banks will cash the check with this…

Probate is the act of proving that a will, or any document classified as a will, was signed and executed in accordance with legal requirements. There is an accepted national set of probate laws that exists for this determination.…

Some homeowners choose to protect their property by filing a Declaration of Homestead. Familiarize yourself with the basics of this legal document if you are having trouble deciding whether or not to obtain one for your property.…

The procedures for small estates are designed to provide a streamlined probate process where there are insufficient assets in an estate to warrant the full probate procedure. The rules and requirements of a small estate vary in each state,…

Executor If the decedent left a will or trust document, the executor is required to present either witnesses or an affidavit from witnesses who can affirm the validity of the will. The executor must also notify the potential heirs to the…

Anybody can claim unclaimed property. Unclaimed property is typically monetary in nature and can be anything from a credit card refund, a tax refund, bank interest or a stock dividend, or any other kind of money that was never received.…

Florida probate procedures set forth the specific steps to take to initiate and pursue a probate case. Understanding these probate procedures is crucial to undertaking estate, conservatorship and guardianship cases in the Sunshine State.…

Tennessee probate court procedures set forth the manner in which estates, trusts, guardianships and conservatorships are undertaken in the state. In order to effectively pursue these types of cases, these procedures must be followed…

Under the law there is a specific procedure for opening an estate in probate court in Michigan. "Opening an estate" refers to the process of starting an estate case in probate court. Draft Petition The process of…

The federal estate tax can take huge chunk of money out of an estate, with the estate tax rate currently at 45 percent. Fortunately, you can claim some deductions that will result in a lower tax liability. Generally…