11/9/2015. November 12, 2015 Marquette University Law School Atty. Ian J. Thomson
|
|
- Alexandrina Smith
- 6 years ago
- Views:
Transcription
1 November 12, 2015 Marquette University Law School Atty. Ian J. Thomson I. How can drafting a will help my client? II. What is probate and how can I help my client avoid it? III. When is a real property beneficiary designation a good option? IV. When do Medicaid divestment issues come into play? 1
2 What happens if a client dies without a will? Issues with holographic wills. The Wisconsin statutory basic will and basic will with a trust. The self-proving affidavit. Limitations of the Wisconsin statutory basic will and basic will with a trust. Example of a short will. Issues of incapacity, comprehension, and undue influence. Safekeeping the original will. Generally intestate succession is governed by Wis. Stat (a) To the spouse or domestic partner except: Wis. Stat (continued) (b) To the issue, per stirpes, the share not passing to the spouse 2
3 Wis. Stat (continued) (c) To parents (d) To siblings and their issue (f) To grand-parents and their issue, half to maternal side and half to paternal side. Wis. Stat (continued) Survivorship of 120 hours If no heirs found estate may escheat to the capital of the Wisconsin school fund. Be aware of Wis. Stat regarding the surviving spouse s one-half interest in marital property. Hand written wills are generally not enforceable. Wis. Stat Every will in order to be validly executed must be in writing with in writing generally interpreted to mean typed. 3
4 Created by the legislature. See Wis. Stat for statutory will language. Language must be used verbatim to qualify as a statutory will. See example of statutory will available from the web. See example of properly formatted statutory wills. See also self-proving affidavit at Wis. Stat The self-proving affidavit helps confirm that the testator and the witnesses were in the same room together Generally decreases the likelihood of a legal challenge of the validity of the will. Directions are not clear. The PDF available from the legislature s website is not user ready and should not be used. Potential issues with holographic additions. Syntax requirements on the face of the document are not clear. Limits to number of dispositions and guardians. Very limited to distribute residuary estate. 4
5 The very short will is one option for a clinic where guardianship is paramount. Less complete than the statutory will, but may be able to accomplish the client s goals. May be better than intestacy for the client. See example of the short will. The clinic setting does not give one much time to know a client. The clinic setting does not afford one an opportunity to research the client s history. Inquire whether a client has ever been formally deemed incapacitated. Wis. Stat (7). Wis. Stat : Any person of sound mind 18 years of age or older may make and revoke a will. Confirm any comprehension issues volume, language, vocabulary before execution. Wis. Stat (7). Wis. Stat :... Undue influence: The 4-element test to prove undue influence requires showing: 1) susceptibility to undue influence; 2) opportunity to influence; 3) disposition to influence; and 4) coveted result. Alternatively undue influence may be proved under a two prong test by showing: 1) the existence of a confidential relationship between the testator and favored beneficiary; and 2) suspicious circumstances surrounding making the will. In re Estate of Kamesar, 81 Wis. 2d 151, 259 N.W.2d 733 (1977). See also In re Estate of Taylor, 81 Wis. 2d 687, 260 N.W.2d 803 (1977). Feel free to ask companions to step out of the room. 5
6 The court will enforce the original will. Copies of a will are generally not enforceable. Fire safe, safe deposit boxes, locked drawers are better than nothing, but in case of robbery, eviction, failure to pay, etc. may not be the best option. Can deposit for safekeeping with the register in probate, Wis. Stat Generally safer and cheaper, especially if someone has a reason to destroy the original has access to the original. Questions? The reason for probate, general informal probate process, timeline, and costs. Probate vs. non-probate assets. Types of Administration Methods to convert probate assets to nonprobate assets. Probate concerns in the clinic setting. 6
7 For an example of what probate looks like to a client, see A Personal Representative s Guide to Informal Estate Administration in Wisconsin at elfhelp/docs/probateguide.pdf Probate generally determines what the estate owes in taxes and to creditors, and supervises the distribution of an estate s assets. For most families probate takes time and money to accomplish simple tasks. Transfer the title of a house so it can be sold Transfer a solely owned bank account Financially and emotionally unpleasant for clients. May take 8-18 months to close out an average estate. Professional fees and court fees add up, less to heirs. Assets held in the decedent s name at the time the decedent died are considered probate assets. Be aware of Wis. Stat regarding the surviving spouse s one-half interest in marital property. Non-probate assets are those assets with beneficiaries selected, like life insurance or bank accounts. Most non-revocable trust assets are nonprobate assets. 7
8 Formal vs. Informal Administration, Summary Settlement, Summary Assignment, Transfer by Affidavit There is a $50,000 threshold for probate assets for Summary Settlement, Summary Assignment, and Transfer by Affidavit. The estate planner s goal is generally to reduce the value of the probate estate to less than $50,000. Designate Payable On Death (POD) beneficiaries. Life Insurance 401(k) Investments Bank accounts beware joint checking accounts, nominate a Power of Attorney while living and POD beneficiaries Designate specific people, classes of people (siblings), or charities as beneficiaries and avoid using your name or Estate of as a beneficiary. Consider designating real property beneficiaries. Most trusts fall outside the scope of the clinics. Advise clients seeking to convert substantial assets to consult with an attorney outside of the clinic setting. Clients records may not be up to date make a list of assets and follow up with them. The probate process is long. If clients need to open a probate case consider a referral for longterm case management. 8
9 Questions? Reasons to designate a beneficiary for real property. Example of Designation of TOD Beneficiary. Problems with drafting a TOD Deed. Concerns with TOD Deeds in a clinic setting. Wis. Stat A client s home is often their largest asset The average home will exceed the $50,000 threshold to avoid probate administration. If a home becomes a probate asset the holding cost of the home may become a burden while probate is pending. Transferring a title outright may have practical problems later on. 9
10 See example of Designation of TOD Beneficiary State Bar of Wisconsin form Be extremely careful with legal description. Be extremely careful with homestead selection. Be extremely careful with parcel ID. Be precise with owner s property status Joint Tenants? Survivorship Marital Property? Use BLACK ink. Potential for misuse be sure to carefully confirm identity. Generally unable to run a title report at the clinic. May be able to cross reference information on public land or tax records. Filing fees apply. Be sure to counsel any client that the TOD Deed is useless if not recorded. 10
11 Questions? General terms and concepts. Wisconsin s Medicaid Edibility Handbook (MEH). Divestment and the problem with divestment for the purpose of qualifying for assistance. Wisconsin s estate recovery program. Wis. Stat USC 1396p. See Chapter 17 Wisconsin s Medicaid Eligibility Handbook (MEH) h-ebd/meh.htm. 11
12 "Institutionalized person" means someone who: Participates in Community Waivers, or Has resided in a medical institution for 30 or more consecutive days, or Is likely to reside in a medical institution for 30 or more consecutive days, as attested to by the medical institution. Effective January 1, 2014, the look back period is 60 months for all divestments. The look back period is a period of time prior to application or entry into an institution. A divestment that has occurred in the look back period or any time thereafter can cause the applicant or member to be ineligible. The look back period begins when an individual is both institutionalized and has applied for Long Term Care Medicaid or has requested one of the Home and Community-Based Waiver or Managed Long Term Care programs. When you count backward, start counting with the month before the date of application or entry into the institution as month one. When determining which date to use, use the most recent date. "Date of application" is the date the applicant or his or her representative signs the application. If he or she does not sign the application, it is not a complete application and no divestment penalty can be imposed. Exceptions to the look back period Must show the divestment was not made with the intent of receiving Medicaid. Must present evidence that shows the specific reason for the transfer was not to qualify for Medicaid. Verbal assurances are NOT sufficient. Physician statements, insurance agents, insurance documents, bank records can support statements. 12
13 Exceptions to the look back period Made arrangements to provide for long term care needs by having sufficient financial resources or long-term care insurance for at least 5 years at the time of transfer. Life expectancy at the time of transfer was less than 5 years. Person s health and age at the time of divestment gave no expectation they would need care for the next 5 years. Regular and unbroken pattern of charitable giving <15% of income not considered intent to divest. Exceptions to the look back period Assets spent on support of dependent relatives living with the individual, but dependent must claim relative as a dependant for IRS or otherwise provided more than 50% of care for the dependent. Common attempts at divestment Selling a house for less than fair market value. Adding a child to a checking account and letting the child make large withdrawals. Large cash gifts. Giving a house as a gift. 13
14 Consequences of divestment Generally any divestment deemed to be for the purpose of qualifying for Medicaid will be calculated as follows: The value of the divestment will be divided by the average nursing home private pay rate penalty of $ The result will be the number of days the person who made the divestment will be ineligible for assistance. For example: $100,000 house given away 3 years before application = $100,000 / $ or 414 day if ineligibility. The estate recovery will generally recover available probate assets to recoup costs of certain public assistance the decedent used during the decedent s lifetime. People who benefit from Wisconsin Medicaid, BadgerCare Plus, Wisconsin Chronic Disease Program (WCDP), the Community Options Program (COP) or non-medicaid Family Care during their lifetime may be subject to Wisconsin s estate recovery program. Recovery occurs through probate. Questions? 14
15 November 12, 2015 Marquette University Law School Atty. Ian J. Thomson 15
Basic Will Drafting and DL Wills
AFLSA/JACA Legal Assistance Division Basic Will Drafting and DL Wills Capt Monica Lewallen Air Force Legal Services Agency Topics Will Drafting Concepts Client Interviews Estate Concepts The Other Documents
More informationUniform Law Commission develops transfer-on-death deeds By Susan N. Gary
Uniform Law Commission develops transfer-on-death deeds By Susan N. Gary Background In 2006 the Uniform Law Commission appointed a drafting committee to develop a uniform act creating transfer-on-death
More informationMom Always Said I d Get the House. Post-Death Real Estate Issues. Deputy Register in Probate Jeaneen Mardak Attorney Amy Wochos
Mom Always Said I d Get the House. Post-Death Real Estate Issues Deputy Register in Probate Jeaneen Mardak Attorney Amy Wochos Online Viewers Ø Problems streaming? Try using another browser. Ø If slides
More informationWhat Every Attorney Should Know about Washington Transfer on Death Deeds
Page 1 of 7 September 2014 Bar Bulletin What Every Attorney Should Know about Washington Transfer on Death Deeds By Amber Quintal (First of two parts) On June 12, Washington joined more than 20 other states
More informationESTATE ADMINISTRATION:
ESTATE ADMINISTRATION: A Bare Bones Guide to Texas Probate PRESENTED BY: EVELYN L. GORDON, ATTORNEY AT LAW Discussion Points What is Probate? What to do after someone dies? Do I have to go through probate?
More informationEstate Planning: Wills, Trusts, and Your Property
Chapter 15 Estate Planning: Wills, Trusts, and Your Property Clara Brown Shaffer, Esq. Brown & Brown, P.C. SYNOPSIS 15-1. Overview of Lifetime and Post-Mortem Distributions of Your Assets 15-2. Ownership
More informationSmall Estate Affidavits Bexar County Probate Court No. 2
Small Estate Affidavits Bexar County Probate Court No. 2 Texas Estates Code Chapter 205 dealing with Small Estate Affidavits often generates confusion. Banks, insurance companies, title companies, and
More informationQuit Quitclaiming OR HELPING CLIENTS HELP THEMSELVES WHEN IT COMES TO TRANSFERRING REAL ESTATE BY: AMY WOCHOS
Quit Quitclaiming OR HELPING CLIENTS HELP THEMSELVES WHEN IT COMES TO TRANSFERRING REAL ESTATE BY: AMY WOCHOS Online Viewers Ø Problems streaming? Try using another browser. Ø If slides appear small, they
More informationLiens, Estate Recovery and the Special Recovery Unit OVERVIEW LIENS
Liens, Estate Recovery and the Special Recovery Unit Minnesota Department of Human Services Benefit Recovery Section Special Recovery Unit Saint Paul, Minnesota September 30, 2014 Greg Lulic & Denise Meyer
More informationEstates Terminology. Course Objectives. Terminology People. Terminology People. Terminology People. Terminology People
Course Objectives Estates Terminology To develop a basic familiarity with terms used in the administration of Decedent s Estates. Note: Estates Courses/Additional Training and Resources The use of the
More informationHow to Minimize the Need for Probate in Texas
How to Minimize the Need for Probate in Texas How can property be owned to avoid the need for probate after a person dies? Think of the word probate as meaning transfer of title. There are several ways
More informationEvaluating Your Estate Plan: Vocabulary Matching Excercise
Evaluating Your Estate Plan: Vocabulary Matching Excercise Ag Decision Maker File C4-50a In each section of this worksheet are lists of terms and definitions. Match the term to its correct definition within
More informationUniform Real Property Transfer on Death Act
Uniform Real Property Transfer on Death Act Asset-specific mechanisms for the non-probate transfer of property to a beneficiary at death are now common. The proceeds of life insurance policies and pension
More informationToll Free Tel Fax
White Paper www.selectportfolio.com Toll Free 800.445.9822 Tel 949.975.7900 Fax 949.900.8181 Securities offered through Securities Equity Group Member FINRA, SIPC, MSRB Page 2 Table of Contents... 3 What
More informationReal Property Transfers at Death in Montana: Probate and Non Probate Issues 1
Real Property Transfers at Death in Montana: Probate and Non-Probate Issues Montana Land Title Association November 3 4, 2016 Michael Tennant Molly Considine Crowley Fleck PLLP Probate Property v. Non-Probate
More informationSummit Place Financial Advisors
White Paper No. 1: Why Proper Account Titling And Beneficiary Designations Are So Important In Estate Planning You have prepared your estate documents to ensure that your assets are passed to the next
More informationTerms. A person given authority by a proper court to manage and distribute the estate of a deceased person when there is no will.
Administrator - A person given authority by a proper court to manage and distribute the estate of a deceased person when there is no will. AFFIDAVIT A written statement or affirmation made under penalty
More informationNON PROBATE TRANSFERS OF ASSETS AT DEATH
Atty. Donal M. Demet Demet & Demet, LLC 815 North Cass Street Milwaukee, WI 53202 414-291-0800 NON PROBATE TRANSFERS OF ASSETS AT DEATH WHAT IS PROBATE? The traditional method of accomplishing post death
More informationPROBATE & LACK OF PROBATE IN WA
PROBATE & LACK OF PROBATE IN WA WLTA 2012 Educational Seminar Kennewick, WA October 6, 2012 Sunny Johnson Underwriter Stewart Title What is Probate? Probate is a court procedure to validate the will For
More informationProbate: Florida KEY STATUTES AND RULES` OPENING THE ESTATE TYPES OF ESTATE PROCEEDINGS. Search the Resource ID numbers in blue on Westlaw for more.
Resource ID: w-007-4125 Probate: Florida MARY BETH CRAWFORD, DAVID A. LUDGIN, ROBERT L. LANCASTER AND HOWARD M. HUJSA, CUMMINGS & LOCKWOOD LLC, WITH PRACTICAL LAW TRUSTS & ESTATES Search the Resource ID
More informationADMINISTRATOR AD LITEM AND GUARDIAN AD LITEM
Electronically Filed 05/17/2013 09:32:01 AM ET RECEIVED, 5/17/2013 09:33:33, Thomas D. Hall, Clerk, Supreme Court RULE 5.120. ADMINISTRATOR AD LITEM AND GUARDIAN AD LITEM (a) Appointment. When it is necessary
More informationSenate Bill No. 88 Committee on Judiciary
Senate Bill No. 88 Committee on Judiciary CHAPTER... AN ACT relating to real property; enacting the Uniform Real Property Transfer on Death Act; and providing other matters properly relating thereto. Legislative
More informationAgnew Law Office, P.C.
An Estate Planning Law Firm LAST WILL & TESTAMENT Background A Last Will and Testament is perhaps the most commonly known estate planning document. While a Will can be very simple in nature (i.e. a vehicle
More informationMontana ABLE Accounts: Achieving a Better Life Experience
Montana ABLE Accounts: Achieving a Better Life Experience An ABLE Account is a saving account allowing person s with disabilities to save money and not lose their SSI or Medicaid benefits. Search ABLE
More informationLegal Jargonbuster. money, property and assets that belonged to that person which are held in his name. These are referred to as his Estate.
Legal Jargonbuster An explanation in plain English of some of the common legal terms used in the context of Wills and Probate, and of some of the terms used to market legal services. ADMINISTERING AN When
More informationTo: New Jersey Law Revision Commission From: Staff Re: Uniform Real Property Transfer on Death Act Date: March 8, 2010 MEMORANDUM OVERVIEW OF URPTODA
To: New Jersey Law Revision Commission From: Staff Re: Uniform Real Property Transfer on Death Act Date: March 8, 2010 OVERVIEW OF URPTODA MEMORANDUM In July 2009, the National Conference of Commissioners
More informationWILLS AND POWERS OF ATTORNEY: Do You Need Them And Why?
OFFICE OF THE STAFF JUDGE ADVOCATE 48 TH FIGHTER WING, RAF LAKENHEATH, UK WILLS - Introduction WILLS AND POWERS OF ATTORNEY: Do You Need Them And Why? The Legal Office often gets the question: Do I need
More informationBeneficiary Deeds in Montana
Deeds in Montana MT200707HR Marsha Goetting Professor & Extension Family Economics Specialist MSU Dept. of Agricultural Economics & Economics Kristen Juras Professor School of Law, University of Montana-Missoula
More informationUNIFORM REAL PROPERTY TRANSFER ON DEATH ACT. Drafted by the NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS. and by it
UNIFORM REAL PROPERTY TRANSFER ON DEATH ACT Drafted by the NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS and by it APPROVED AND RECOMMENDED FOR ENACTMENT IN ALL THE STATES at its ANNUAL CONFERENCE
More informationHOPING TO AVOID PROBATE
Are You Sure Your Estate Plan Is In Order? HOPING TO AVOID PROBATE The Risks of Joint Ownership Brought to you by Matson & Cuprill 01 Good Intent, Bad Consequences After Sally s husband John passed away,
More informationPROPERTY DESCRIPTION All that real property situated in the municipality of, in County, California legally described as:
Recording requested by, and after recording, please send deed and tax statements to: APN: SPACE ABOVE THIS LINE FOR RECORDING PURPOSES ONLY SIMPLE REVOCABLE TRANSFER ON DEATH DEED Under California Probate
More informationSDCERS Special Durable Power of Attorney
SDCERS Special Durable Power of Attorney This document allows you to appoint another person of your choice to act as your attorney-in-fact. By executing this document, you grant your chosen attorney-in-fact
More informationGENERAL ESTATE PLANNING CONSIDERATIONS
GENERAL ESTATE PLANNING CONSIDERATIONS I. WHAT IS ESTATE PLANNING? Estate planning involves: (1) deciding how you want your property managed and who you want your property to go to when you die (or if
More informationWill and Powers of Attorney Instruction Sheet Simple Wills and Powers of Attorney No Estate Planning
Richmond Hill, Ontario, Canada www.thompsonlaw.ca Practising in association. Will and Powers of Attorney Instruction Sheet Simple Wills and Powers of Attorney No Estate Planning This data sheet is intended
More informationTerminology Common to Estate and Business Succession Planning 1 Jeffrey E. Tranel, Jenny Beiermann, Norman Dalsted, and R.
Terminology Common to Estate and Business Succession Planning 1 Jeffrey E. Tranel, Jenny Beiermann, Norman Dalsted, and R. Brent Young 2 Administrator A person identified in a will or appointed by a court
More informationMedical Assistance ESTATE RECOVERY PROGRAM
Pennsylvania Department of Public Welfare Medical Assistance ESTATE RECOVERY PROGRAM and RELATED TOPICS QUESTIONS and ANSWERS Prepared in conjunction with Pennsylvania Intra-Governmental Council On Long
More informationSuccession Planning Terms and Definitions
Succession Planning Terms and Definitions Alternate valuation date - A date exactly six months following the decedent s date of death that the personal representative may choose to revalue, for estate
More informationEstate Planning Basics
Estate Planning Basics BY THOMAS P KEENAN, ESQ. KEENAN LAW OFFICES 48 ELM ST SUITE 3 WESTFIELD, MA 01085 413-562- 1500 WWW.KEENANLAWOFFICES.COM KEENANLAW@GMAIL.COM 4 Essential Elements of a Estate Plan
More informationFamily Estate Planning
Mary Meehan-Strub Karen P. Goebel Philip E. Harris Linda Roberson Family Estate Planning IN WISCONSIN B1442 UNIVERSITY OF WISCONSIN-EXTENSION COOPERATIVE EXTENSION contents Contents Introduction Estate
More information(4) persons who may be entitled to exempt property
Electronically Filed 10/29/2013 09:22:43 AM ET RECEIVED, 10/29/2013 09:23:41, Thomas D. Hall, Clerk, Supreme Court RULE 5.240. NOTICE OF ADMINISTRATION (a) Service. The personal representative shall promptly
More informationFlorida Powers of Attorney*
Florida Powers of Attorney* Unless otherwise specified, the information in this booklet applies to Powers of Attorney signed on or after October 1st of 1995. Consult a lawyer regarding use and enforceability
More informationGuide to completing an Inland Revenue Affidavit (CA24)
Guide to completing an Inland Revenue Affidavit (CA24) Contents Overview...2 Information relating to the deceased (Part 1)...2 Details of the applicants and sworn declaration (Parts 2 & 3)...3 Property
More informationHow a Lady Bird Deed Works. General Warranty Deeds. Special Warranty Deeds. The Difference Can Be Critical
How a Lady Bird Deed Works These deeds are also called enhanced life estate deeds. With a standard life estate deed, you could name a beneficiary to inherit your property while you keep ownership of it
More informationHOMESTEAD THE SURVIVING SPOUSE AND TRUSTS
HOMESTEAD THE SURVIVING SPOUSE AND TRUSTS By Shane Kelley, Esq. The Kelley Law Firm, PL 3365 Galt Ocean Drive Fort Lauderdale, FL 33308 I. INTRODUCTION The purpose of the homestead provisions as contained
More informationPETITION FOR ADMINISTRATION. The petition for administration shall be verified by the petitioner and shall contain:
RULE 5.200. PETITION FOR ADMINISTRATION The petition for administration shall be verified by the petitioner and shall contain: (a) a statement of the interest of the petitioner, the petitioner s name and
More informationAPPLICATION FOR DISTRIBUTION OF GENERAL CAPITAL CREDITS RETIREMENT OF DECEASED MEMBER
(Please refer to instructions.) Decedent [Please attach copy of Death Certificate(s)] Applicant APPLICATION FOR DISTRIBUTION OF GENERAL CAPITAL CREDITS RETIREMENT OF DECEASED MEMBER REMC Customer Number
More informationSAMPLE DURABLE POWER OF ATTORNEY. John Doe
This document was prepared by: John Doe 123 Main Street Appleton, Wisconsin 54911 Return To: John Doe 123 Main Street Appleton, Wisconsin 54911 DURABLE POWER OF ATTORNEY OF John Doe IMPORTANT INFORMATION
More informationEstate Procedures for
AOC-E-850, July 2014 Estate Procedures for Executors, Administrators, Collectors By Affidavit, and Summary Administration IMPORTANT NOTES The Clerk of Superior Court in all 100 counties serves as the judge
More informationWASHINGTON DC GENERAL POWER OF ATTORNEY FORM
WASHINGTON DC GENERAL POWER OF ATTORNEY FORM I. NOTICE - This legal document grants you (Hereinafter referred to as the Principal ) the right to transfer unlimited financial powers to someone else (Hereinafter
More informationTaking Title to Real Property Fidelity National Title Group - Florida Agency Operations
Taking Title to Real Property How to take title? As non-attorney title insurance closing agents we are not allowed to advise others on how to take title. The best response is to refer them to written material
More informationCHAPTER 1: THE CONCEPT OF PROPERTY RELATED TO WILLS, TRUSTS, AND ESTATE ADMINISTRATION
CHAPTER 1: THE CONCEPT OF PROPERTY RELATED TO WILLS, TRUSTS, AND ESTATE ADMINISTRATION MATCHING a. chattel b. chose in action c. nonprobate property d. intestate succession statutes e. joint tenants f.
More informationPersonal Representative s Handbook
Personal Representative s Handbook Notice - The Probate Division of the Seventeenth Judicial Circuit for Broward County, Florida, gratefully acknowledges the Council of Probate Judges of Georgia for allowing
More informationSPECIAL POWER OF ATTORNEY
Sonoma County Employees Retirement Association 433 Aviation Boulevard, Suite 100, Santa Rosa, CA 95403 Tel: (707) 565-8100 / Fax: (707) 565-8102 www.scretire.org This document should be used by members
More informationPowers of Attorney. It is important to pick someone you trust deeply. Remember they will have control of things like your bank accounts or property.
Fact Sheet Powers of Attorney What is a power of attorney? A power of attorney is written permission for someone to take care of property or money matters for you, in whatever way you want. In a power
More informationESTATES ADMINISTRATION
ESTATES ADMINISTRATION QUESTIONS & ANSWERS April 2014 Table of Contents Introduction - Definitions 2 Role of The Public Guardian and Trustee (PGT) 2 Referral to The Public Guardian and Trustee (PGT) 4
More informationThe Language of Estates New Clerks School UNC School of Government. The Language of Estates. The Language of Estates. Intestate
New Clerks School UNC School of Government January 2015 Amy L. Funderburk Pam Barlow Dana Hackney Jurisdiction (28A-2-1) The Clerk of Superior Court is the Judge of Probate and has jurisdiction over the
More informationSenate Bill 815 Sponsored by COMMITTEE ON JUDICIARY (at the request of Oregon Law Commission)
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session Enrolled Senate Bill 815 Sponsored by COMMITTEE ON JUDICIARY (at the request of Oregon Law Commission) CHAPTER... AN ACT Relating to transfer on death
More informationEXECUTOR DUTIES IN NEW YORK
EXECUTOR DUTIES IN NEW YORK WHY YOUR EXECUTOR IS SO IMPORTANT What you may not realize, however, is that your Executor has a number of important duties and responsibilities that will directly, and often
More informationOFFICE OF THE ASSESSOR COUNTY OF LOS ANGELES JEFFREY PRANG ASSESSOR
OFFICE OF THE ASSESSOR COUNTY OF LOS ANGELES JEFFREY PRANG ASSESSOR 1 PROPERTY TAX EXCLUSIONS RELATED TO ESTATE PLANNING 2 TOPICS 1. PARENT TO CHILD EXCLUSION (PROP 58) - QUALIYING ELEMENTS AND SUPPORTING
More informationThe Homestead Act. Questions. and Answers. Massachusetts General Laws, Ch. 188, William Francis Galvin Secretary of the Commonwealth
Questions and Answers The Homestead Act Massachusetts General Laws, Ch. 188, 1-10 William Francis Galvin Secretary of the Commonwealth updated 3/31/11 Dear Homeowner, This pamphlet has been designed to
More informationWills Questionnaire. Your full name Maiden or former names. Current Address. Date of birth. Single Married In a civil partnership Yes No
Wills Questionnaire Publication - 05/09/2017 To complete this questionnaire, simply download your own PDF version using this link. If you require any further information please do not hesitate to contact
More informationDeath of a Seller: Decedents Estates and Real Estate Title. Chicago Title February 2016
Death of a Seller: Decedents Estates and Real Estate Title Chicago Title February 2016 1 Questions We Ask! When and Where (residency) did they die? Estate Administration? Will probated? Powers? Devisees?
More informationExplanation of SCPA 2307: Executor Compensation
Daniel A. Timins, Esq., CFP Licensed in New York Wills, Estate Planning, Estate Litigation, Elder Law www.timinslaw.com dan@timinslaw.com Tel: (212) 683-3560 477 Madison Avenue Suite 240 New York, NY 10022
More informationSubmitted by J. Mark Fisher
Foundations Of Estate Administration Defined, Preparing To Begin The Administration Process And Considerations For Collecting The Assets, Preparing The Inventory And Handling Claims Against The Estate
More informationTenancy Changes Policy
Tenancy Changes Policy Version 3. February 2014 Registered address: LLP, Fleet House, 59-61 Clerkenwell Road, London, EC1M 5LA Responsible officer: Author: Approved by: Head of Operations Policy and Project
More informationKEIR EDUCATIONAL RESOURCES
ESTATE PLANNING 2016 Published by: KEIR EDUCATIONAL RESOURCES 4785 Emerald Way Middletown, OH 45044 1-800-795-5347 1-800-859-5347 FAX E-mail customerservice@keirsuccess.com www.keirsuccess.com TABLE OF
More informationNew Jersey N2K Hour: Effects of Death and Estate Issues
New Jersey N2K Hour: Effects of Death and Estate Issues Webex Presentation: March 13, 2018 FEATURING: JOHN CROWLEY, ESQ. DAVID RUBIN, ESQ. LARRY BELL, ESQ Stewart Title N2K Hour: Presenting Education,
More informationEscrow & Evidence of Title Evidence of Title Chapter 13 Escrow Grantor / Grantee Index Escrow May Be Rendered by: Escrow Performs Such Duties as:
Escrow & Evidence of Title Chapter 13 Escrow Escrow acts as a neutral third party. Hawaii s Escrow Act of 1967: Maintain a minimum net capital or obtain bonding. Be a corporation. Subject to annual audit.
More informationWILLS, TRUSTS, AND ESTATE ADMINISTRATION
WILLS, TRUSTS, AND ESTATE ADMINISTRATION FOR THE PARALEGAL Sixth Edition Dennis Hower & Peter Kahn Florida Supplement Prepared by Lisa F. Santos 1 TABLE OF CONTENTS Chapter 1 The Estate Plan and the Purpose
More informationEscrow & Evidence of Title
Escrow & Evidence of Title 1 Chapter 13 2 Escrow Escrow acts as a neutral third party. Hawaii s Escrow Act of 1967: Maintain a minimum net capital or obtain bonding. Be a corporation. Subject to annual
More informationSupreme Court of Florida
Supreme Court of Florida No. SC13-888 IN RE: AMENDMENTS TO THE FLORIDA PROBATE RULES. [May 22, 2014] PER CURIAM. Before the Court are proposed amendments to the Florida Probate Rules. See Fla. R. Jud.
More informationExamples & Explanations: Wills Trusts & Estates By Gerry W. Beyer READ ONLINE
Examples & Explanations: Wills Trusts & Estates By Gerry W. Beyer READ ONLINE Authors: Gerry W. Beyer; ISBN 10: 1454850051; ISBN 13: 9781454850052; Edition: 6; Released: 2015-02-03; Format: Paperback (784
More informationREAL ESTATE IN LONG TERM CARE PLANNING Patricia J Shevy The Shevy Law Firm LLC BASIC MEDICAID RULES Look Back Rule: 60 months from date of application Penalty Period: Number of months ineligible due to
More information1a. Analyze the dollar amount of LT's and R's 1984
Searcy Estate and Gift Tax Fall 1985 Problem 1. Throughout this Problem, disregard the Sec. 2503 PDE and assume that all interests for a period of time or after a period of time are valued using actuarial
More informationMEDICAID ESTATE RECOVERY
MEDICAID ESTATE RECOVERY H. CLYDE FARRELL FARRELL & PAK PLLC 1000 Mo-Pac Circle Austin, TX 78746 Ph: 512.323.2977 Fax: 512.708.1977 cfarrell@txelderlaw.com State Bar of Texas ADVANCED ELDER LAW COURSE
More informationREAL ESTATE IN A CHANGING WORLD. Nancy Short Ferguson Chicago Title Greensboro, NC
REAL ESTATE IN A CHANGING WORLD Nancy Short Ferguson Chicago Title Greensboro, NC INTERRELATIONS Domestic Law Elder & Estate Planning Law Business Law DOMESTIC LAW TITLE SEARCHES ARE CRITICAL Determine
More informationWill Controlling Your Legacy Durable Power of Attorney Durable Power for Health Care Medical Directives Community Property Agreement Transfer on Death
Estate Planning & PROBATE Real Property Transfers Jeff Heimark Vicki Heimark, LPO Dano Law Firm, P.S. Will Controlling Your Legacy Durable Power of Attorney Durable Power for Health Care Medical Directives
More informationNotice to the Individual Signing the Illinois Statutory Short Form Power of Attorney for Property
Notice to the Individual Signing the Illinois Statutory Short Form Power of Attorney for Property PLEASE READ THIS NOTICE CAREFULLY. The form that you will be signing is a legal document. It is governed
More informationChapter 5: Estate Planning Tools
Chapter 5: Estate Planning Tools Alan Galloway, Area Specialist Farm Management, UT Extension Estate Planning To control your property while alive, take care of your loved ones and yourself if you become
More informationMinnesota Common Law Powers of Attorney
Minnesota Common Law Powers of Attorney A Minnesota power of attorney is a document which is used to create a legal relationship whereby one party - known as a principal, authorizes another party - known
More informationDURABLE POWER OF ATTORNEY
This document was prepared by: John Doe 123 Main Street Louisville, Kentucky 40201 Return To: John Doe 123 Main Street Louisville, Kentucky 40201 DURABLE POWER OF ATTORNEY OF John Doe I. PRINCIPAL AND
More informationRULE PLEADINGS; VERIFICATION; MOTIONS
RULE 5.020. PLEADINGS; VERIFICATION; MOTIONS (a) Forms of Pleading. Pleadings shall be signed by the attorney of record, and by the pleader when required by these rules. All technical forms of pleadings
More informationTHE MYLOUISIANASUCCESSION.COM GUIDE TO LOUISIANA SUCCESSIONS AND PROBATE
THE MYLOUISIANASUCCESSION.COM GUIDE TO LOUISIANA SUCCESSIONS AND PROBATE Second Edition Visit us on the web at www.mylouisianasuccession.com IMPORTANT INFORMATION Because we believe that you shouldn t
More informationTitle Resources Guaranty Company 8111 LBJ Freeway, Suite 1200, Dallas, TX
Washington Underwriting Memo 2014-1 Date: September 12, 2014 From: Gretchen L. Valentine Vice President/Pacific NW Regional Underwriting Counsel To: Re: All Washington Issuing Agents Transfer on Death
More informationDISPOSITION OF PERSONAL PROPERTY WITHOUT ADMINISTRATION
DISPOSITION OF PERSONAL PROPERTY WITHOUT ADMINISTRATION GENERAL INFORMATION The value of the asset cannot exceed the funeral expenses pursuant to Section 735.301(1) Florida Statute. The asset should be
More informationPRIVATE CLIENT DEPARTMENT DECLARATION OF TRUST FACT SHEET
PRIVATE CLIENT DEPARTMENT DECLARATION OF TRUST FACT SHEET 1. Introduction The object of this document is to help you understand what Declarations of Trust are, what effect they have and how they may apply
More informationHOMESTEAD. David Weisman
HOMESTEAD David Weisman I. Basic Concepts a. The Language of the Law: Since January 9,1985, homestead has been defined in the Florida Constitution as the following property owned by a natural person: "A
More informationSAVE ME FROM PROBATE: TRANSFER ON DEATH DEEDS AND LADY BIRD DEEDS
PRESENTED AT 2016 Stanley M. Johanson Estate Planning Workshop December 2, 2016 Austin, Texas SAVE ME FROM PROBATE: TRANSFER ON DEATH DEEDS AND LADY BIRD DEEDS PAMELA D. ORSAK PAMELA D. ORSAK THE LAW OFFICE
More informationTransfer on Death Deed INSTRUCTIONS
INSTRUCTIONS IMPORTANT NOTICE TO PROPERTY OWNER: Carefully read all instructions for this form. It is best to talk to a lawyer before using this form. For privacy and identity theft reasons, you should
More informationSAMPLE DURABLE POWER OF ATTORNEY. John Doe
This document was prepared by: John Doe 123 Main Street Rochester, Minnesota 55901 Return To: John Doe 123 Main Street Rochester, Minnesota 55901 DURABLE POWER OF ATTORNEY OF John Doe Before completing
More informationIC Chapter 14. Transfer on Death Property Act
IC 32-17-14 Chapter 14. Transfer on Death Property Act IC 32-17-14-0.2 Application of prior law Sec. 0.2. The addition of IC 32-4-1.6 ("Uniform Act on Transfer on Death Securities" before its repeal, codified
More informationASK QUESTIONS. Estate Recovery INTERRUPT FREELY. The Basics 12/8/2016
Estate Recovery Anna Connelly and Kelly J. Willyard Assistant Attorneys General Financial Services Division ASK QUESTIONS INTERRUPT FREELY The Basics MO HealthNet Division Estate Recovery Program http://ago.mo.gov/divisions/financial-services/faqs---financial-services
More informationThe Importance of TOD & JTWROS Designations Tuesday, 27 May :13. A convenient move that could ward off probate on your accounts
A convenient move that could ward off probate on your accounts TOD, JTWROS...what do these obscure acronyms signify? They are shorthand for transfer on death and joint tenancy with right of ownership two
More informationImportant Information for the Executors of Your Will
Important Information for the Executors of Your Will Important Information for Executors and Families Most wills prepared contain a clause permitting the executor(s) to arrange estate administration liability
More informationTITLE 29. THE NON TRIBAL MEMBER SURVIVING SPOUSE LAW CHAPTER 1. PURPOSE, POLICY, DEFINITIONS
TITLE 29. THE NON TRIBAL MEMBER SURVIVING SPOUSE LAW CHAPTER 1. PURPOSE, POLICY, DEFINITIONS 29 M.P.T.L. ch. 1 1 1. Title The title of this Law shall be the Mashantucket Pequot Surviving Spouse Law. 29
More informationSAMPLE DURABLE POWER OF ATTORNEY. John Doe
This document was prepared by: John Doe 123 Elm Street City, Alabama 12345 Return To: John Doe 123 Elm Street City, Alabama 12345 DURABLE POWER OF ATTORNEY OF John Doe I. PRINCIPAL AND ATTORNEY-IN-FACT
More informationKEIR EDUCATIONAL RESOURCES
ESTATE PLANNING 2017 Published by: KEIR EDUCATIONAL RESOURCES 4785 Emerald Way Middletown, OH 45044 1-800-795-5347 1-800-859-5347 FAX E-mail customerservice@keirsuccess.com www.keirsuccess.com TABLE OF
More informationMedicaidEligibility Planning
MedicaidEligibility Planning FamilyAssets htp:/www.familyassets.com Protecting Your Home From Medicaid Claw back Table of Contents: 1. Introduction 2. How does it work? 3. Who is it for? 4. How do I begin
More informationFAQs 4/1/17 Edition by David R. Gellman
FAQs Holding Title to Your San Francisco Home 4/1/17 Edition by David R. Gellman The question of how to take or hold title to a home is one that San Francisco real property buyers and owners ask their
More informationQUESTION 2: SELECTED ANSWER A
QUESTION 2: SELECTED ANSWER A 1. Interests in Greenacre To determine who has what interest in Greenacre (G), the validity and effect of each transfer/agreement must be determined. Generally, property may
More information