My Civil Advocate

One of the most common misconceptions people have about wills is that they're basically a "set it and forget it" type of deal. Meaning that once you've got the document in place, you really don't have to make changes to it. The reality is that wills should be updated throughout your life to account for important changes that happen to you and to make sure your assets are distributed in the manner in which you had intended. Some life changes or circumstances that could warrant a change to your will can include: If you find yourself no longer getting along with the executor or a beneficiary of your will. If there is the death of a beneficiary or the birth of a new family member.  If the size of your estate has significantly increased or decreased. If you decided that you want to change the amounts you are leaving to beneficiaries. If you move to another state.  If changes aren't made to a will it won't necessarily invalidate the document, but at...

There are times when a person passes away and leaves behind a will that may surprise (or even shock) the survivors because of who is chosen to receive the assets. If you've been left out of a will or feel the terms of a will are unfair, there are certain instances when it may be worth challenging the validity of the will in court, such as when: Your loved one didn't seem mentally fit shortly before death but signed or made changes to his or her will during that time frame A lawyer didn't assist in drafting or executing the will (this can increase the chances that the will doesn't conform with state laws).  The will wasn't signed by your loved one or the signature on the document does not appear to be that of your loved one. Undue influence led to changes in the will. This is sometimes seen when caregivers push for changes that benefit them.  There are inconsistencies between beneficiary designations of the will and other aspects of your loved one's esta...

Any time you lose a loved one it can be difficult as you cope with your grief and try your best to move forward. However, things can get a bit more complex (and possibly even confusing) if you've been named as executor of that person's estate. If that happens-- and especially if you've never served in such a role -- you'll likely have many questions about what the probate process entails, including how long it will take. Simply put, probate is the process of transferring legal title of the decedent's property to the rightful beneficiaries or heirs. Unfortunately, there is no hard and fast rule for the time it takes to complete probate. In fact, it can take anywhere from several months to several years There are many factors that can impact the length of time probate takes to complete, including whether: Any creditor claims exist There is property that needs to be sold The estate has federal or state tax liabilities There are disputes among the heirs or ...

Sometimes, estate or trust administration appears to be all wrapped up, and the estate is officially closed or the trust is terminated. Then weeks, months, or years afterward, other assets are discovered. Now what? Generally speaking, guidelines to distributing assets discovered after an estate has been closed encompass the following: When someone dies intestate (without a will), state law determines the rightful heirs of the estate's property. Newly discovered assets will be distributed by the same formula.  If the decedent died and had a will, and if the estate needs to be reopened because of additional assets, the "new" assets will be distributed according to the provisions in the will, just as the "original" assets were. If the decedent passed away with a will that called for all assets to be placed in the decedent's trust, any new assets will wind up in the trust too, to be held, sold, or distributed in accordance to the terms of the trust. The ...