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These
particular set of laws deal with matters relating to wills, trusts, and
other devices to dispose of property during lifetime and at death, including
the process of administering estates for individuals who die with or without
wills, and procedures used to protect assets against claims of creditors.
- Wills
and Estate Planning
Your estate is all of the property that you own, including real estate,
cars, furniture, cash, stocks and bonds, insurance policies, and pension
benefits.
- Trusts
A trust is an agreement allowing a third party, called the trustee,
to administer anothers property or bequest. The individual who
creates a trust is called the "grantor" or "settlor"
of the trust.
- Will
Execution
Each state has formal requirements for preparing and executing a will.
Generally, the testator must declare that the document that is being
signed is the testators will. The signature must be witnessed
by a minimum of two or three witnesses, who must also sign the will
in the presence of the other witnesses. Each state has slightly different
wording for the testators and the witnesses signatures.
- Probate
and Administration
Probate is the legal process used by a state:
- to determine
the validity of a will
- to supervise
the administration of estate
- Contested
Wills
A will contest is a formal challenge in court to the validity of a will.
The challenge to the will may be based on a claim that the will was
not validly executed. A will that is not properly signed by the testator
(a forgery) or not properly witnessed may be invalid. The will contest
may also be based upon the testators lack of legal capacity to
execute a will.
- Intestate
Succession
If you die without a will, or if your will is determined to be invalid,
then your property is distributed in accordance with your states
laws on intestate succession and the state probate court will appoint
someone to administer your estate. The appointed person will have to
obtain a surety bond in order to insure the estate against misappropriation
or other misdeeds by the administrator. The estate pays the premium
for the bond.
- Asset
Protection Planning
Asset protection planning is the method of preparing for the possibility
of future lawsuits by rearranging the ownership of assets so that they
are beyond the reach of potential creditors. It can act as a form of
supplementary insurance in an overall strategy to protect you from the
risks associated with businesses and professions, however, insurance
policies have limits and exclusions.
Megs Group
email:law@megsgroup.com
803 Rohit House,3,Tolstoy Marg, New Delhi - 110001, India
Telephone: +91 11 3314117, Fax: +91 11 3739117
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