Wills & Probate Basics

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Step-Children and Your Will
If your spouse had children when you married, you might wonder about your legal obligations to your step-children. Will they get part of your estate? How do you make sure they do, or don't? ... READ MORE

Wills and Probate FAQ
Here are simple answers to commonly asked questions about wills and probate. ... READ MORE

Looting a Loved One's Estate
Update 12/23/2009: Anthony Marshall  has been found guilty of 14 of the 15 counts against him. Marshall was convicted in October of the most serious charges - first-degree grand larceny and scheming to defraud. He faces a minimum of one to three years, or as much as eight to 25 years in state prison. ... READ MORE

Legal Consequences of Dying without a Will
On July 4, 2009, NFL quarterback Steve McNair was found murdered in a hotel room in Nashville, Tennessee. McNair didn't have a will at the time of his death. In legal jargon, this is known as dying intestate. When someone dies without a will, state law governs how his estate is administered. In McNair's ... READ MORE

Your Will Is a Key to Your Legacy
Although it has several meanings, your "legacy" is what you leave behind as a remembrance of you after you die. Your will, or last will and testament, has a direct connection to your legacy, so you should know some things about how it works. Wills and Legacies A will is written document where you tell ... READ MORE

What If Your Children Come after Your Will Is Done?
Of course, many families have children. There are many ways that children may enter a family. There are natural children born of the marriage, non-marital children, adopted children or children of one or the other spouse. In a will, terms to describe children are often "descendents," "issue" or "child." ... READ MORE

What Should Be Done If a Will Cannot Be Found?
A diligent search for a lost will should be conducted prior to taking any steps to prove the existence of the lost will. The search should include contacting the decedent's attorney and inquiring into whether the attorney has any knowledge regarding the whereabouts of the will. The search should also ... READ MORE

Wills & Probate: Meeting with a Lawyer
Treat your first meeting as a business consultation. Dress well and be prompt. Be polite and courteous. You will want to impress the lawyer, just as he or she will be trying to impress you. Give a lawyer the chance to get to know you. Don't feel compelled right off the bat to blurt out everything you ... READ MORE

Personal Gifts in Wills
Personal gifts can be made while a person is alive or they may be made after death, according to that person's will. When a gift is given during someone's lifetime or when an irrevocable trust is created for a beneficiary or beneficiaries, that is called an inter vivos gift. Inter vivos gifts or trusts ... READ MORE

Picking the Best Legal Guardian for Your Child
No parents want to imagine that they might die while their child or children are still young. Consequently, many parents procrastinate when it comes to writing a will, which means that many parents have not taken the legal steps to name a guardian for their children in the unfortunate event that they ... READ MORE

 

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An executor usually does not deal with life insurance payouts - those are considered a contract between the insurance company and the insured, and the named beneficiary will be paid directly once they ...Read more

This sounds like a difficult situation.  While your mother was living, your brother may have been acting for her under a power of attorney or as a joint owner.  He did not become an executor ...Read more

You need to file with the Probate Court in the County in which she lived just before her death. See a good local lawyer if you need help. Good Luck.

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Revoking or Modifying Your Will

Relationships with family, friends and even charities change all the time. At the time you initially create your estate plan, you may intend to leave specific property or assets to a certain individua ... Read more

General Musings on Privacy

Privacy in the digital age has become a buzzword that few fully understand. Most clients understand privacy is important at a basic level, but don’t full inform themselves as to what this means ... Read more

Do IRA monies go into the estate account?

Q.        Can an estate administrator defraud a sole beneficiary of an IRA account that mom left her by telling her that monies HAVE to go into the estate account? T ... Read more

Should First and Final accounts include new accounts that were made by the

Q: The estate was to file a first and final account but they did not include the new bank account which held the estate money. The accounts upon death were closed out and put into one account for the ... Read more

Daniel Gigiano Reviews Death Taxes

Are there death taxes? Ohio repealed its estate tax effective January 1, 2013. Does that mean there is no estate tax? Of course not. I would not be writing an entire article on this topic if that were ... Read more

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