| Executors -- Wrongful Death Claims |
| If the decedent died intestate (without a will), you have absolute freedom to select an attorney to help administer the estate. If the decedent died testate {with a valid will), you typically have the same flexibility, even if the testator specifically mentioned in the will that she wanted you to employ a particular attorney; this, under the law of most states, usually is considered merely a suggestion and is not binding. Since the attorney is an essential part of the estate administrative team, many executors prefer to have an individual with whom they can work effectively. Whether the attorney is the one selected by the decedent or one selected by you, his services are vital to the successful handling of many estates.More... |
| Trusts, Public and Private - I |
| An express trust is either public or private. A public trust, also known as a charitable trust, is an express trust created for a charitable purpose. If an express trust is not a charitable trust, it is deemed to be a private trust. A private trust is an express trust created to benefit a few persons. This article discusses some aspects of public and private trusts.More... |
| Medicaid Trusts |
| Medicaid is a needs-based (welfare) benefit program administered separately by each state, but funded in part by the federal government and in part by each state. A person qualifying for Medicaid is allowed to have only a minimal amount of assets, other than a home. Although each state may have certain differences in its particular Medicaid regulations, each must follow certain basic federal guidelines in order to be eligible for the federal subsidy. One of those guidelines is the waiting period imposed on a person who transfers assets and later applies for Medicaid benefits.More... |
| Coverage of Healthcare Directives |
| By appointing a medical proxy, you can ensure that there will be someone to lobby on your behalf to get your wishes enforced, to make sure medical personnel know of your wishes, and to enforce your healthcare directives in court, if necessary.More... |
| Beneficiaries -- Types of Professional Advisers |
| Receiving an inheritance calls for two basic activities that should be discussed and handled with an attorney: reviewing the estate closing to insure that the decedent's wishes were carried out and preparing a beneficiary's own will or living trust so that his new assets will be protected. If a beneficiary already uses an attorney for general personal and business advice, he should find out if she is familiar with estate planning. If not, the attorney should be asked for a reference.More... |
