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California Wills and Trust Requirements

There are many differences to be aware of when considering a will vs a trust for estate planning. In the following article, we will touch on the various requirements of a will and trust set forth by California statute. Statutory Authority. Wills:  Cal. Prob. Code §§6100, et. seq. (Division 6) Trusts:  Cal. Prob. Code §§15000, […] Read more

Florida Wills and Trust Requirements

When deciding between a will or trust it is necessary to understand the differences between each, specifically how each varies for the specific state you reside in. Statutory Authority. Florida Probate Code (Title XLII; Fla. Stat. §§731.005, et. seq.). Wills:  Chapter 732 (Fla. Stat. §§732.501, et. seq.). Florida Trust Code (Title XLII; Fla. Stat. §§736.0101, […] Read more

Recent Celebrity Deaths Show the Need for Comprehensive Estate Planning Several well known celebrities have died in recent months, some leaving behind well planned wills and estate plans and, in other instances, the celebrity’s death can serve as an example of what chaos can potentially ensue when someone dies intestate, or without a will, particularly […] Read more

Last Will and Testament

Defining Last Will and Testament A last will and testament is a legal document that expresses the desires of a decedent (someone who has died) as to what will happen to his or her property and assets upon his or her death. In order for a will to be legally valid it must spell out […] Read more

Testamentary Trust

What Is a Testamentary Trust? A testamentary trust is an estate planning device which creates a trust pursuant to a person’s will upon that person’s death. The testamentary trust does not come into being until the grantor’s death, when a trust is created to hold some or all of the decedent’s assets and property, however […] Read more

Pour Over Will

What Is a Pour Over Will? A pour over will is a type of estate planning tool that involves both an existing trust as well as a regular last will and testament. The mechanics of the process with a pour over will are that the person’s assets and property are placed into an already existing […] Read more

How To Make a Will

Why Do I Even Need a Will? Most surveys find that more than half of American adults do not have a written will.  Wills are something that everyone is always told they need, but very few people actually understand why it is so important to have a valid will. (1) At its most basic level, […] Read more

How To Contest a Will

Will contests (legal actions to contest a will) tend to make headlines, particularly in scenarios where a rich widow may have changed her will to give millions to a non-relative caregiver at the end of her life at the expense of her children.  These types of stories often provoke will contests between the new beneficiaries […] Read more

Why You Need a Will

Any estate planning checklist should include the creation of a valid Will. The following article is taken from the perspective of an estate planning attorney and the various objections he encounters from individuals who do not see the need for a will. WILLS: WHY YOU THINK YOU DON’T NEED THEM AND WHY YOU REALLY DO […] Read more