Recent Posts Last 25 Posts Do You Have to do Probate When Someone Dies? How to Avoid Probate in Arkansas – Video What Happens to Your Stuff When You Die? (Video) What is the Purpose of Probate? (Video) What Exactly is Probate? (Video) What are the Main Steps in Estate Planning? 8 Step Checklist What […]
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Do you have to do Probate when some dies? Hi, I’m Gary the founder of DeWitt Law. We help with Probate. If you need Probate help, go to DeWitt.law to schedule a time to talk to us. The short answer is no, you don’t have to do probate when someone dies. However, the property will […]
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You Don’t Automatically Need a Trust In Arkansas, to avoid probate, you don’t automatically need to create a trust. In Arkansas we have other methods available to avoid probate other than a Revocable Trust. First, a Warning Don’t add your children to your deeds or accounts trying to avoid probate. It creates a whole host […]
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What happens to your stuff and family when you’re gone? There are 3 things that may happen depending on how you’ve planned. First, you have a comprehensive plan that avoids probate. In that case, your stuff will pass to your family with a minimum of hassles. Second, you have only a Will. When you only […]
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What is the purpose of probate? Hi, I’m Gary the founder of DeWitt Law. We help with Probate. If you need help, go to DeWitt.law to schedule your free time to talk about your Probate needs. The purpose of probate is to provide an orderly, overseen way to pay off debts, pay taxes, and distribute […]
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What exactly is probate? Hi, I’m Gary the founder of DeWitt Law. We help with Probate. If you need help, go to DeWitt.law to schedule your free time to talk. Probate is a legal process that occurs when somebody dies. Probate includes: Proving the Will is valid and admitting it to probate if there is […]
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What is Estate Planning? 8 steps to comprehensive estate planning. Estate planning is more than deciding who gets your stuff. Estate planning is about deciding who gets what, when, how, and how much. But estate planning is also about protecting yourself, your assets, your decisions, and your rights during your lifetime. 8 Steps to […]
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Estate Planning has Two Parts Estate Planning is a “term of art.” That is, it doesn’t mean what the words say. It is much more than just planning for money, property, and assets. Estate planning isn’t just planning for your assets though that is part of it. Estate planning is also about planning for who […]
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Hi. I’m Gary, the owner of DeWitt law. We do estate planning well. Go to DeWitt.law now to get started with a free meeting. Choosing the agent or attorney-in-fact for your durable power of attorney is perhaps one of the most important decisions you can make. Here are some things you should consider. They need […]
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How can you avoid the number one estate planning mistake? Hi. I’m Gary, the owner of DeWitt law. Go to DeWitt.law now to get started. First, what is the number one estate planning mistake? It is not having a plan. I call this the do nothing plan because nothing has been done. With the do […]
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Hi. I’m Gary, the owner of DeWitt law. We do estate planning well. Go to DeWitt.law now to get started with a free meeting. In no order of importance, here are 5 reasons to estate plan…. Don’t lose money and time to Probate. Probate will cost at least 3% of the GROSS estate and 8 […]
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You might have heard that you automatically have a power of attorney over your spouse. Hi. I’m Gary the owner of DeWitt Law. We help you Protect Yourself, Your Family, Money, and Your Property from Common but Unforeseeable Dangers. That just isn’t true. The law in this case considers the individual to be separate and […]
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Definition of a Living Trust A living trust is a revocable trust that you create during your lifetime. In estate planning, a living trust can be one of the most important things you can do. Is a living trust irrevocable? Only if it is setup to be an irrevocable trust. Sometimes they are called a […]
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To keep your family away from the expense and time of the probate court. Does a Will avoid probate? No. A Will is the instrument of probate. How do you avoid probate? Discover how to avoid probate by: Naming beneficiaries Using a trust Creating transfer-on-death deeds and accounts And much more You will have […]
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Trusts in estate planning are one of the best options available. A properly executed and funded trust will keep your assets out of the long and emotionally draining process of probate. Probate will take many months to years, and assets will not be available to your family immediately. A trust means that your family gets […]
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This is not a simple question to answer, and requires that many other probate questions be answered to make a decision. However, it is possible to provide some general advice. No Estate If a person dies with no property or outstanding debts, then there is nothing for the courts to oversee. You may think this […]
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Probate has two major divisions. The first part is to admit and prove the will for probate. This consists of petitioning the court, presenting the will, and proving this is a proper will. Once the will is admitted, and executor or personal representative will be appointed to oversee the rest of the process. If no […]
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That and the related question “Do you need a lawyer to probate a will?” are answered in this short post. The answer is no, you do not need a lawyer to probate a will. However, you will need to be familiar with the statutes and case law of your state in order to make sure […]
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Intestate Succession When a person passes without a will, they are said to have died “intestate”, that is, without a will (or trust). Each state has different rules for how the situation is handled, but generically, the steps in the different states are a lot the same. When a person dies intestate you may have […]
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One of the most common questions I am asked is how do I protect my assets against Medicaid? Hi, I’m Gary, the owner of Dewitt law firm and we’re with you every step of the way. Protecting your assets against Medicaid is at the best difficult. Medicaid has stacked the deck in their favor, but […]
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What is a Trust? Mark needed to qualify for Medicaid. Fortunately, one of the rules he put in his trust was the power to makes gifts of trust assets during his lifetime. (Gifting is a powerful Medicaid qualification technique.) Without that power, it would have been much more difficult for Mark to qualify. This is […]
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