| Co-Ownership Myths - I |
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| 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. Many people do not understand the differences between the common law forms of co-ownership and community property. Moreover, people may define their own forms of co-ownership by contract. This article discusses some of the many myths about the co-ownership of property.More... |
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| Trusts, Public and Private - III |
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| An express trust is either public or private. A public trust, also known as a charitable trust, is an express trust created for a charitable purpose. If an express trust is not a charitable trust, it is deemed to be a private trust. A private trust is an express trust created to benefit a few persons. This article discusses some aspects of public and private trusts.More... |
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| Probate -- Closing the Estate |
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| After all tax matters for the estate are settled and all bills and expenses paid or amounts set aside, the executor may then prepare to distribute what is left to the beneficiaries according to the terms of the deceased's will, or according to the laws of the state if the deceased left no will. If there was a contest and a negotiated settlement, the executor would prepare to make the full distributions required under the settlement. (If there are lawsuits still outstanding against the estate, it is unlikely that distributions will be made until these are settled.)More... |
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| Federal Estate-Tax Return - Deductions |
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| To be deductible, death-related expenses must be necessary, reasonable, allowable under state law, and have been paid (or be payable) by the estate. The IRS will attempt to disallow deductions for expenses that are not necessary to pay the dents or taxes of the estate or to preserve the estate or distribute it. More... |
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| Lapse and Mistake |
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| One of the main purposes for making and leaving a will is to guide the administration of the estate of the testator--the person who made the will. A will should be written in language that is clear and indisputable. Alas, the language in a will may be unclear or vague. This article discusses the will interpretation and construction issues of lapse and mistake.More... |
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