Inheriting property can be a complex process, with numerous factors to consider. Before you decide whether to keep, donate, or sell your inherited property, it’s important to understand the fair market value of the asset, which is its estimated worth on the open market. Is Fair Market Value Calculated at the Time of Death? Yes, …
What Is the Fair Market Value of Inherited Property? Read More »
Whether you can sell stocks in a trust after death generally depends on the specific terms and conditions of the trust and the laws of the jurisdiction in which the trust was established. If the trust agreement allows for the sale of stocks, the trustee can sell the stocks as directed by the trust agreement. …
In Florida, most estates will go through some sort of probate process. However, not every estate will need to go through probate. For instance, if a person passes away without a will and all of their assets have beneficiaries or joint owners with rights of survivorship, probate is likely not required. But since most people …
Do All Estates Have To Go Through Probate in Florida? Read More »
Florida Probate Code Section 733.814 allows the personal representative or a beneficiary of an estate to initiate a “partition action” to split property between beneficiaries. It reads as follows: “When two or more beneficiaries are entitled to distribution of undivided interests in any property, the personal representative or any beneficiary may petition the court before …
Texas Estates Code Chapter 308 is the portion of Texas law that discusses the notice that the personal representative of a deceased person’s estate must provide to beneficiaries and creditors of the estate. Texas Estates Code Chapter 308.002 requires personal representatives to provide notice to every beneficiary that is named in the will 60 days …
Upon losing her husband, the determination of what the surviving wife will inherit will be based on a combination of state law, the husband’s last will and testament, his revocable living trust, any irrevocable trusts, retirement account beneficiary designations, payable-on-death or transfer-on-death account designations, pre-nuptial agreements, post-nuptial agreements, and potentially other estate planning documents. However, …
When a Husband Dies, What Is the Wife Entitled To? Read More »
Creating a revocable living trust is an important step in comprehensive estate planning. Typically, you will act as the trustee and ensure your assets are handled competently while still alive. Then, when you pass away, your designated successor trustee will manage and distribute the trust’s property. When you appoint your successor trustee, you should choose …
The term “probate” refers to the process by which a deceased individual’s assets are distributed to their heirs or beneficiaries, when the assets do not have beneficiary designations and are not held jointly with rights of survivorship. In Florida, this process can be either a formal administration or summary administration. A formal administration requires appointment …
An Affidavit of Heirs or Affidavit of Heirship is a sworn statement, given under oath, that identifies the relatives who may be the heirs of a person who passes away. The Affidavit of Heirs should list the names, ages, and addresses of the decedent’s relatives, and it should indicate the date of death of any …
Trustee succession is the process by which a new trustee takes over the role of managing a trust. Trustee succession may occur when a trustee passes away, becomes incapacitated, resigns, declines, or is removed from the position. What is trustee succession? The term “trustee succession” refers to the process of having a new “successor” trustee …
Sibling inheritance laws and rights are clearly defined in California, and most U.S. states, by probate code intestacy laws. If an individual dies without a will, their surviving spouse, domestic partner, and children are given an inheritance priority. If there are no surviving spouse, domestic partner, nor children, then their surviving parents are next in …
The Guide to Sibling Inheritance Laws and Rights Read More »
Settling an estate without a will is very common. As an estate increases in value and complexity, the process tends to take longer. Here’s a guide for families and executors/administrators. What does it mean to “settle an estate”? When a person passes away, their assets must be distributed to their family, heirs, or …