| Guardianship or Conservatorship, Generally |
| Most people have legal control over themselves and their property. They are able to act on their own behalf. But when a living person is unable to protect or care for himself or herself, or for his or her property, because of old age, illness, or other disability, the law of guardianship (or conservatorship) permits the appointment of a competent person to protect and care for the incompetent person and/or manage the incompetent person's property.More... |
| Constructive Trusts |
| Trusts are sometimes classified by the intent, if any, of the settlor to create a trust. This article discusses the kind of trust for which the settlor's intent is irrelevant: the constructive trust.More... |
| Inheritance Issues -- Widow's Allowances |
| Every state has laws that offer some protection for the welfare of a surviving spouse and, to a lesser extent, minor children of the deceased in cases where the deceased did not provide for them in his or her will or where the family requires financial assistance while the estate is being settled. For the most part, these provisions favor the surviving spouse, and amounts allowed for the care of minor children, surprising as it may seem, are usually quite limited. A minor child has no right to sue the estate of a parent for support, despite the fact that the parent had the legal obligation to support the child while the parent was alive. Most states, however, do provide shelter, at least, for the minor child for a period after the parent's death.More... |
| Will Contests -- Fraud, Mistake, Revocation |
| Fraud will occur when the testator makes or signs a will as the result of having been willfully deceived as to the nature or the contents of his will or as to some facts that bear upon the disposition of his property. Mistake is the same, but without the willful deceit by a third person. More... |
| Executors -- Federal Tax Issues |
| Federal gift and estate tax law permits each taxpayer to transfer a certain amount of assets free from tax during his or her lifetime or at death. (In addition, as discussed in the next section, certain gifts valued at $10,000 or less can be made that are not counted against this amount.) The amount of money that can be shielded from federal estate or gift taxes is determined by the federal unified tax credit. The credit is used during your lifetime when you make certain taxable gifts, and the balance, if any, can be used by your estate after your death. More... |
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