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 another’s 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 testator’s 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 testator’s 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 testator’s 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 state’s 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
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