Probate v. Non-Probate: What Is the Difference? - ElderLawAnswers
Nov 19, 2025 · The Probate Process The probate process includes filing a will and appointing an executor or administrator, collecting assets, paying bills, filing taxes, distributing property to …
Probate Versus Trusts: Why All the Fuss? - ElderLawAnswers
Jun 27, 2002 · In any event, most of the costs incurred in probate, for accountants, lawyers, and appraisers, for example, result from tax issues that arise regardless of whether your assets …
What Is a Life Estate?: Estate Planning Basics - ElderLawAnswers
Feb 20, 2025 · The phrase “life estate” is sometimes mentioned when discussing estate and Medicaid planning, but what does it mean? A life estate is a form of joint ownership that allows …
What Does the Term "Decedent" Mean? - ElderLawAnswers
Dec 7, 2022 · File the decedent’s last will and testament with the probate court. The representative will also be responsible for representing the decedent’s estate in court.
Per Stirpes vs Per Capita: What Do These Mean in a Will?
Jan 10, 2025 · Takeaways “Per stirpes” and “per capita” are terms used in estate planning that refer to the distribution method for the assets of a deceased person to their heirs. The …
Estate Planning Basics: What Is an Executrix? - ElderLawAnswers
Feb 13, 2023 · After the distribution of assets, she files a report to the probate court summarizing her actions as executrix. Additional Resources For professional guidance on appointing an …
Transfer-On-Death Accounts: A Useful Estate Planning Tool
Jan 23, 2025 · By sidestepping the court process known as probate, TOD accounts offer an efficient way to pass assets to loved ones or charities. However, they are not suitable for all …
Proper Estate Planning Reduces Issues of Probate - ElderLawAnswers
Jul 30, 2024 · Probate is a legal process that happens after someone dies. While probate can be complex, lengthy, and expensive, an estate planning attorney or probate attorney can help …
Medicaid Estate Recovery and Medicaid Payback Rules
Dec 13, 2012 · Expanded Estate Recovery Note that some states also opt to seek recovery against property in which the Medicaid recipient had an interest but that passes outside of …
The Basics of Estate Administration - ElderLawAnswers
Filing the will. You must file the will and petition at the probate court in order to be appointed executor or personal representative. In the absence of a will, heirs must petition the court to be …