Co-Ownership Myths - II

One of the most confusing aspects of estate planning is the numerous myths about co-ownership of property. Many people do not understand the differences between a tenancy in common and a joint tenancy with right of survivorship. Many people do not understand what a tenancy by the entirety is or was. More...

Probate -- Notice and Appointment

In most states, after the petition for probate is filed, the Probate Court will order that notice of the petition be given to the heirs and other "interested" parties (those who may not be heirs but who may be named in the will) and, in some cases, that "publication" must be made. Publication is the placing of legal notice in the local newspaper to the effect that John Jinx, a resident of Boston, Massachusetts, has died and a petition has been submitted to the court asking that Jane Jinx be appointed as the executrix (or administratrix if there was no will) of his estate.More...

Executors -- Steps Prior to Opening the Estate

The terms "executor," "administrator," and " personal representative" are all synonyms for someone who is legally responsible for managing the estate of a person who has died. The position of executor may be filled by a specific person named in the decedent's will or, if the decedent did not make a will, by someone whose relationship with the decedent makes him the legally responsible party (i.e., parent or spouse). The position can be refused.More...

Power of Attorney for Finances -- Formalities

There are a few technical requirements with which you must comply before a power of attorney for finances will be considered legally valid and binding. More...

Living Wills -- Formation

Doctors have a general duty to preserve life through whatever means are available. The only way for patients to override a doctor's general duty is to leave written instructions for their preferred medical care in case they become incapable of expressing those wishes. If you are worried about the types of medical treatment you may receive at the end of your life, you should compose a living will. A living will, also referred to as a healthcare directive, is not a part of the will that a person uses to pass property at death. It is a separate document that lets your loved ones know what type of care you do or do not want to receive should you become terminally ill or permanently unconscious/in a vegetative state. More...