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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What Happens When I Die Without a Will? If you pass without a will, the results can often be unexpected and devastating. You leave the results up to a judge, not your or your family. When a person dies without a will they are said to be “intestate.” That is, without a will. When this […]
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