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New York Probate

New York Probate

If you want to successfully probate a will in New York, or probate an estate with no will, it makes sense to understand what probate is including the requirements of the probate court. Lucky for you, we have highlighted the necessary details below. First off, let us consider what probate is. What is Probate? Put […]

Probate and mental health court services

Probate and mental health court services

Mental health court is charged with committing individuals to treatment centers with the allegation of mental issues, developmental disability, chemical dependency, psychopathic personality, and referrals from criminal court.  Having understood what mental health court does, let’s consider what probate is. What is Probate? Put simply, probate is a legal procedure your estate undergoes after you […]

How does a court-confirmed probate sale work in real estate?

How does a court-confirmed probate sale work in real estate?

Properties sold in probate court can be an amazing deal, as they are always sold at decent prices. But there are risks, and probate sales could take a long time compared to the typical traditional real estate transactions. If you are a serious real estate buyer, at some pint you’ll likely encounter a probate sale. […]

Here is s step-By-Step Guide to Opening a Probate Estate

Here is s step-By-Step Guide to Opening a Probate Estate

Probate is the legal process of showing that a will is valid via a review. The individuals responsible for opening a deceased’s estate and tendering the will for probate need to study the following steps. But, before we consider the steps, let’s look at what probate is. What is Probate? Probate is a court-backed, legal […]

How long does probate court take to make a decision?

One of the most frequently-asked questions associated with settling a deceased person’s estate is “How long does it take to probate a will?” The answer depends on several factors. However, in general, probate could take anywhere from a few months to more than a year (or even years). Before we delve into what could affect […]

Lapses of probate fee hike huge relief for newly bereaved

Lapses of probate fee hike huge relief for newly bereaved

The lapses of probate fee hike has provided much relief for newly bereaved individuals. Thanks to the lapses, the chances of high probate fees are low and beneficiaries can get done with probate without spending much. What is Probate? Put simply, probate is a legal procedure your estate undergoes after you pass away. During the […]

Pros and Cons of using TOD accounts to avoid probate

Pros and Cons of using TOD accounts to avoid probate

For one to be able handle a loved one’s estate (properties, assets and other items left behind by that person), he or she would need a grant of probate. The probate is actually what would give an individual permission to handle and settle the affairs of a deceased person’s estate. In some states, applying for […]

Inheritance tax

So many persons may happen to have estates across countries with families and loved ones elsewhere or in some situations where some get married to a foreigner or invest in foreign countries and all these could make estate planning quite challenging. However, synchronizing your international estates will require legal experts with vast knowledge, understanding and wealth of experience in such issues as estate succession and tax laws in the relevant countries that will affect the effectiveness of a will in the event of death. Difficulties In Estate Planning For Expatriates And Multinational Families In spite of the different estate tax laws in different states in America, however, these differences are barely noticeable because they all are founded on the same foundation in legal matters. But the contrary is the case across nations or internationally. While the Americans use the common law, the Europeans and Africans use the civil law. The common law is a legal system developed by judges through decisions of courts and similar tribunals (also called case law), as distinguished from legislative statutes or regulations promulgated by the executive branch. Whereas civil law is Roman law based on the Corpus Juris Civilis; it is the body of law dealing with the private relations between members of a community; it contrasts with common law. It contrasts with criminal law, military law and ecclesiastical law as well. Common Law Offers Significant Planning Pliability As regards estate planning, common law allows or gives an individual (the trustor) the freedom to decide who and who to receive what and what, he or she has the liberty to decide how his or her properties or estates should be distributed when he or she dies. Hence, a will is very vital as it determines how the estate of the decendent is to be distributed via the probate process. However, a trust can help avoid the probate process and the taxation of the estate likewise. Also based on common law, the estate is normally taxed before it is transferred to the beneficiary or named heir. Meanwhile, in a situation where there's no will, the estate becomes intestate and it is distributed based on the state laws. Civil Law Operates Based On Succession This is similar to the intestate laws followed in common law in the absence of a will when an individual dies. This implies that even while alive an individual cannot determine how his or her estate should be distributed in the event of his or her death. So, a will is almost of no use in civil law unlike in common law. Again, taxation of the estate takes place during distribution unlike in common law where the estates are taxed before distribution. That is, the heirs or beneficiaries of the estate are being taxed in civil law. Meanwhile, a trust is of no relevance when civil law is in operation. Citizenship and Residency An expatriate should have a good understanding of the laws and requirements concerning citizenship and residency in any country he lives and in which he possess properties. The estate plans of an expatriate will not only be altered by relocating to a new place with different laws, but also how long he or she intends to stay in the new location is another contributing factor and likewise how much of his riches he invests in the new location. International Transfer of Tax Credits The transfer tax for an expatriate is determined by the following factors; 1. The type of assets 2. The location of the assets 3. The accessiblity of tax credits in significant areas where there is an overlap of levied taxes 4. The relevance of an estate tax agreement or protocol between the US and the country of residence Usful techniques for international tax estate planning includes; Wills, Trusts, Life insurance, Gifting, personal investment companies, college savings etc. Estate Planning In The Case Of A Non-citizen People live, work and own properties overseas and happen to marry from their country of residence or a foreigner altogether. Sadly, the difficulties in taxation faced by American expatriates also occurs in a situation where they marry foreigners. In spite of having a permanent resident in the US, spouse who are foreigners do not enjoy the unlimited marital deduction on gifts and inheritance transferred to them by their spouse. Although they enjoy the 2019 $11.4 million lifetime exclusion.

Having a will and planning your estate is important. Here we are going to consider why. Before we delve into that, let’s look at what estate planning is. What is Estate Planning? Estate planning has a lot of definition. You see, if you understand the concept behind estate planning, you would be able to create […]

Probate and Guardianship

Probate and Guardianship

Probate guardianship is something many individuals will never have to consider. However, for those who are thinking of becoming a guardian or thinking about who they might designate as a guardian in their will, understanding how guardianship works can help them make better decisions. Probate guardianship takes place when a probate court chooses someone to […]