Probate

• Article - Probate: What It Is -- and How to Avoid It

  You can't help your parent avoid death or taxes at death. But you can save time and money by helping her plan to have her property avoid probate.

• Article - Estate Planning Basics

  Estate planning manages money and property during life and passes it to survivors after death. Know what the basic estate planning documents can do.

Blog Posts

• Blog Post - Should I be responsible for my father's funeral bill when he never paid child support for me?

  My parents have been divorced for more than 20 years...

Questions & Answers

• Question - Can a probate ruling be appealed?

  Most probate rulings can be appealed, but you might not want to go it alone.

• Question - How do we set up a testamentary trust?

  There are easy steps to follow to set up a testamentary trust – and the IRS can help.

• Question - Who has the legal right to control a person's cremated remains?

  The law does not require that cremated remains be split among family members. But it may help sooth their psyches to give them some other tangible memento.

• Question - Will I need probate to change the names on a property deed?

  There are legal work-arounds to changing the name on a deed, but what’s available depends on local legal constraints.

• Question - Does a joint will have to go through probate?

  First, get straight on what's joint property and what's a joint will. Then understand that while most wills must be probated, some can go through a simplified procedure.

• Question - If all the siblings agree on splitting their parent's assets equally, do we still have to go through probate?

  When going through probate, you may get lots of good help from an unexpected source: the probate court itself.

• Question - Can checking accounts be set up to avoid probate?

  Ownership of bank accounts can be engineered to pass free of probate.

• Question - How do I know if I'm entitled to a family member's inheritance?

  The law generally requires that a person must survive to be able to take property from another’s estate.

• Question - How do I get the deed to my father's house transferred to my name?

  The steps you need to take to transfer a house to your name depend on how you became entitled to take it: by will, trust or intestate succession.

• Question - Is it wise to put an elderly parent's home in trust?

  Should I put my elderly parent's home in a trust? Putting a house in a trust is a good way to avoid probate, although it may not be necessary.

• Question - How can you divide up household and personal items when there is no will?

  When a person dies without a will, a probate court will get involved in overseeing how remaining property is divided.

• Question - If I have a living trust, do I also need a will?

  While it requires a little extra thought and paperwork, a simple back-up will may help prevent estate planning slip-ups.

• Question - How can I reconcile the debt of my late father?

  This question has been answered by a Caring.com Expert

• Question - What are the amounts of trustee's fees that must be paid?

  The law sets out a rather fuzzy standard for how much compensation a trustee is entitled to be paid.

• Question - Since my parents own property in several states, how will their estate be administered?

  This question has been answered by a Caring.com Expert

• Question - Do I need to take legal steps to take over my sister's finances?

  You must follow some types of formalities before taking over another person’s finances; the law keeps a close eye on such arrangements.

• Question - is it a good idea to put your IRA in a revocable living trust?

  Should I put my IRA in a revocable trust? There are good reasons to put an IRA in a revocable living trust. For one, a revocable trust avoids probate.

• Question - Can you transfer power of attorney in late-stage Alzheimer's?

  A power of attorney generally cannot be transferred once the principal is incapacitated.

• Question - From what money are final expenses paid first?

  This question has been answered by a Caring.com Expert

• Question - Are living trusts and living wills the same?

  When it comes to living wills and living trusts, only the names are similar. One concerns itself with controlling medical care; the other, passing title to property.

• Question - How can we find out if my mother-in-law had a will?

  If a search in the obvious places doesn't turn up a will, try a few less obvious ones.

• Question - Is there any software available to help track and organize yearly costs for a guardian taking care of a parent?

  The biggest challenge in tracking guardianship expenses may be to focus on the categories to include.

• Question - How long does a legal guardianship last, and how can I get access to my mother's medical records?

  After a legal guardianship or conservatorship ends, medical privacy laws can make it tough to find out information about procedures you suspect went wrong.

• Question - How can I get a check cashed that was written to my deceased mother's estate?

  It will take some fancy footwork -- and possibly a court proceeding -- to cash a check made out to your mother after her death.

• Question - How do I set up a real estate trust?

  You may be able to set up a simple living trust on your own; other types of trusts may require some guidance from a legal expert.

• Question - How should my father balance estate planning, tax planning, and Medicaid planning?

  This question has been answered by a Caring.com Expert