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Estate Planning Law

Estate planning laws overlook the various steps and processes that may be involved in planning an estate. It is important for individuals to be aware of the various estate planning laws in order to make sure that they are not violating any rules during the planning. Given below are common questions that are asked about estate planning laws.

Are there any estate planning options available to non US resident aliens who have real estate assets in the US?

In most situations, estate planning may not be available to non-US residents who own real estate property in the US. This is because the nation of which the individual is a citizen may handle the probate of his/her estate and may also handle the property that an individual owns in the US.

Would the heirs of a deceased individual be liable for his/her debts?

The heirs of a deceased individual may not be liable for his/her debts. In some cases only the estate of the dead individual may be liable for his/her debts.

What is the maximum value for an estate to be considered a small estate?

An estate may be considered a small estate if its value is less than $100,000.

What would be a typical fee for forming a trust in Washington?

In most situations, the fees for forming a trust may be calculated at 5% of the total value of the estate in Washington.

How would an individual’s homeowner’s insurance be affected if they set up an irrevocable trust and signs the deed of the house to the trust?

An individual’s homeowner’s insurance may not be affected if he/she sets up an irrevocable trust and signs the deed of the house over to the trust. However, the individual may have to notify his/her insurance company that the title of the property has been changed so that the insurance records can be updated.

Can an individual transfer his/her property to a family trust for estate planning?

An individual may be able to transfer his/her property to a family trust for estate planning if he/she completely owns the property. If he/she does not own the property completely, he/she may have to take the permission of the lender to transfer the title of the property to the estate.

While planning an estate, what kinds of a trust can an individual put their property into so that it is protected from creditors?

An individual may put all of his/her property into an irrevocable trust if he/she wants to protect it from creditors while planning his/her estate. However, the individual may not have any control over the assets in the trust but he/she can earn an income from these assets.

The laws that govern the planning of an estate may vary from state to state. Hence, it can get confusing if you are trying to get all the information about these laws on your own. You may ask an Expert if you are unaware of the laws in your state and need answers to any of your questions.

Ask an Estate Lawyer

Thomas McJD
Thomas McJD, Attorney
Category: General
Satisfied Customers: 3170
Experience:  Wills, Trusts, Probate & other Estate Matters
19305272
Type Your Estate Law Question Here...
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Estate Lawyers are online & ready to help you now

Thomas McJD
Attorney
Satisfied Customers: 3076
Wills, Trusts, Probate & other Estate Matters
Infolawyer
Attorney
Satisfied Customers: 3781
Licensed attorney helping individuals and businesses.
Barrister
Attorney
Satisfied Customers: 2188
13 yrs estate law, real estate. Wills/Trusts/Probate

Recent Estate Planning Questions

  • If "x" dies in Louisiana but still owns property in MO, which

    If "x" dies in Louisiana but still owns property in MO, which state rules on the dispensation of the Missouri properties?
  • Hi Mr. Socrateaser, this is Mike back with a question about

    Hi Mr. Socrateaser, this is Mike back with a question about my sister’s life estate. I have provided the pertinent portion of the trust as reference for you below to jog your memory.
    Recently my trustee brother, Dan, who owns half of the house along with the trust that holds the other half, has acknowledged that since he is renting the house my sister ought to get some money each month with no strings attached since she can’t enjoy her life estate directly by living there. My pounding on him has produced some results after all. He wants to work with her on this thorny problem and so has asked me to pass along his offer to her. Before I do I want to be sure what the implications might be. For now he hopes she will take a provisional amount of $400/month for 6 months — in advance — if she will stay away from San Diego for that time at least. In the interim we can negotiate some sort of agreement since all of us recognize going to court is the last resort. Like you said, not a good economic outcome for any of us. I surmise when the 6 months are up she may decide to continue with the payments, tell him to sell the house, or move in. The time allows for the removal of the tenant or tenants necessary for her to move in — if that is the decision, or if selling is the decision. Focusing on just one aspect of this I want to know how her accepting this offer of rent in lieu of occupying the house affects the sale of the house in terms of which distribution schedule below is used. We have already eliminated the cashing-out of her life estate as not practical given the debt she owes to the state which would seek recovery. The percentages for distribution are different for me depending on whether she uses her life estate or doesn’t use it. With that in mind does her accepting the rent instead of living there equate legally to enjoying her life estate? I. e., is this rent arrangement sufficient to qualify her as having used her life estate and thus allowing me to get the 30% upon the sale of the house? Naturally if she wants to sell the house the rent would end and this would constitute “surrender of” the property in my mind, but what do I know? thanks, Mike
    (2) All the remaining trust assets except the aforementioned real property shall be distributed to the settlor’s four children as follows:
    a. 50% to Jan smith
    b. 17% to ***** *****
    c. 17% to R***** *****
    d. 16% to ***** *****
    3) The settlor’s interest in the real property commonly know as XXXX, San diego, Ca. shall remain in trust to be held, administered and distributed as follows:
    A. Jan Smith shall enjoy a life estate in this property as long as she resides on the property, makes all mortgage payments thereon in a reasonably timely manner, pays all property taxes when due, maintains reasonable insurance on the property and maintains the property in reasonable condition.”
    B. If Jan Smith fails to meet the foregoing conditions within 60 days of notice of her non-compliance and fails to vacate the premises, her life estate is revoked and the trustee may begin legal proceedings to have her removed from the property.
    C. Upon the death of Jan Smith or her surrender of, or lawful removal from, the property, it shall be sold by the trustee and the net proceeds distributed as follows:
    a. 50% to Jan Smith
    b. 30% to ***** *****
    c. 10% to R***** *****
    d. 10% to ***** ***** (trustee at this point)
  • I have a General Durable POA (both financial & Medical) for

    I have a General Durable POA (both financial & Medical) for my disabled brother, he cannot make Financial decisions-his bank is requiring us to get a Conservitorship due to his VA benefits deposit must be made into account with a representative payee? I thought a Gen durable POA is a Fiduciary and you don't require a Conservitorship or Gaudianship? Thanks
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