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.

Questions & Answers

• Question - Answer To Joint Will And Probate Question

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

  Whether it's wise for parents to put a house in a living trust depends on the context: their health, their goals, what else their estate plan provides.

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

  Unanswered. Can you help?

• Question - What documents, besides a will, do my aging parents need?

  Parents need an advance health care directive, a release for health care records, a durable power of attorney for finances, and maybe a living trust.

• Question - What can I do if my co-executor will not meet with me?

  Co-executors are both legally responsible for winding up an estate within a reasonable time. If you can't get the other person to cooperate, act quickly to right the wrong.

• 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 - Can a probate ruling be appealed?

  Unanswered. Can you help?

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

  This question has been answered by a Caring.com Expert

• 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 - What's a Totten Trust and how does it work?

  This question has been answered by a Caring.com Expert

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

  This question has been answered by a Caring.com Expert

• Question - Do executors have to give out copies of wills?

  Since wills become public records after a person dies, you can see them--but how and where depends on the executor's willingness to show you the document.

• 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 - From what money are final expenses paid first?

  This question has been answered by a Caring.com Expert

• 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 - What will happen to my brother's share of inheritance if he cannot be found?

  If a beneficiary cannot be located when a will is probated, the property will go to back-up takers in a particular order.

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

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

• Question - Can a durable power of attorney be made irrevocable?

  Powers of attorney may be something that's even better than irrevocable: They're flexible.

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

  This question has been answered by a Caring.com Expert