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270 items found for "probate court"
- Why Is the Probate and Settlement Process So Complex?
When a court legally recognizes a person’s death, they must protect beneficiaries and the deceased’s Understanding the Probate and Settlement Process When the court is involved, the probate process in Texas The court may get involved if the assets are not owned under an LLC or S-Corp but instead owned as an However, the court stays out of the probate and settlement affairs if the assets are under a revocable the documented assets and debts, and family relationships, there is no set amount of time given by a court
- 4 Genius Ways to Avoid Probate in Texas
Are you a Texas resident looking for simple ways to avoid probate? Probate can be a time-consuming and costly process involving the court overseeing your assets’ distribution This article explores four simple ways to avoid probate in Texas. The successor trustee can manage the trust assets without court intervention. probate in Texas, consulting an experienced estate planning lawyer is crucial.
- Does the Executor Decide Who Gets What? 5 Things an Executor Cannot Do
If the decedent never named an executor, the courts will choose someone to be the executor. As an executor, you will go through probate court and handle the decedent’s estate. This means you cannot start managing the estate until the courts assign you the executor role. In other words, you can only sell assets or complete other probate duties once the courts approve you For example, the courts could remove you as the executor.
- How Will the Greatest’s Estate Planning Match Up in Probate?
All of the details of Ali’s will have not been uncovered after his recent death. Nonetheless, Investment News says in “How will Muhammad Ali’s estate play out?” that there are some aspects of his life, business affairs, and family dynamics that might make for interesting estate questions. Ali’s estate is estimated to be worth somewhere between $50 million and $80 million. Ali, one of the most recognizable people on earth, earned millions of dollars every year from endorsements and image licensing deals. The deals were directed to his company, Goat, LLC—which stands for “Greatest Of All Time.” He sold stakes in the company but kept a 20% interest. Similar to other deceased celebrities, the estate is required to place a present value on the anticipated future earnings that could possibly be derived from publicity rights, which will set the ultimate tax. It’s a tough task. The IRS and estate of the deceased might have widely varying estimates of the future income stream from these sorts of intangible assets. For example, the passing of a well-known music artist or sports figure means that this person’s popularity will soar after his or her death—and appreciate the value of these assets. If Ali left everything to his wife, including the 20% company stake, the valuation will be academic because she will have an unlimited marital deduction. This allows the transfer of an unrestricted amount of assets to a spouse without estate tax at any time, including death. Others receiving a stake in his image rights don’t get the same break. No matter who inherits the rights, Arizona has some favorable rules for protecting image rights. This is because of something called a post-mortem right of publicity: the estate has an enforceable right to prevent others from exploiting his name, likeness, and image for commercial use. Ali’s primary residence was in Arizona, one of the states that doesn’t have a state estate tax, so his estate would only be subject to the federal 40% tax rate on estate values exceeding the $5.45 million exemption. In contrast, the Champ also owned property in Kentucky, where he grew up. Kentucky has an inheritance tax. His heirs will see a maximum 16% tax rate on inherited assets. Some parties are exempt from paying the inheritance tax. Kentucky statutes say that if Ali willed his residence to his wife or children, they’d be exempt from the tax. Any nieces, nephews, aunts, uncles, daughters-in-law and sons-in-law would have to pay. Ali was married four times and had nine children, including an adopted son and two daughters outside of marriage. The way in which Ali referenced his nine children in his will could also come into play. This might be an interesting issue in how he defines them, who he provided for, and if he intentionally left anyone out. Reference : Investment News (June 9, 2016) “How will Muhammad Ali’s estate play out?” #AssetProtection #EstatePlanningLawyer #ProbateAttorney #ProbateCourt #Inheritance #TaxPlanning
- Under What Circumstances Can a Person Be Appointed a Guardian in Texas?
In Texas, a person becomes a guardian in probate court. , then you will be going to probate court for guardianship. Family court takes care of minor children, and when the child becomes 18, they then switch to probate court under the guardianship at that time. court.
- Who Can Legally Contest a Will or an Estate in Texas?
Can a Decision Made by the Probate Court Judge Ever Be Appealed? Generally, you can appeal a Texas probate court ruling. You can also appeal the court ruling if an order disposes of all parties and issues in a particular phase court. How Do We Avoid Probate Litigation? Probate litigation can be avoided by using trusts .
- Houston Will and Trust Lawyer: Read This Before Adding Your Child’s Name to Your Banking Account!
The probate process in Houston can be long and costly, which leads people to think of creative ways of by doing so, their child will have immediate access to the money rather than having to deal with the courts If your child disagrees with your decisions, it will be costly and will need court intervention. There are other ways to avoid probate. #JointTenancy #Probate #willsandtrusts
- Ready…Set…Start your Estate Planning!
Without this, your loved ones will need to go to court to have someone appointed to manage your finances A trust allows you to transfer property to your heirs without going through probate. If you only have a will, any property that’s only in your name at your death will go through probate court to be distributed. Checklist: How to Create a Financially Sound Estate Plan” #Guardianship #EstatePlanningLawyer #Pets #Probate
- Britney Spears’ Conservatorship & How It Can Happen to You
In 2008, shortly after what many call a “breakdown,” Britney has been the subject of a court-approved , but in Britney’s case, the court approved a permanent conservatorship. court to appoint a corporate conservator (Bessemer Trust). Without the proper documents in place, this court proceeding will cost thousands of dollars and take So many people have to petition the probate court to become their loved one’s guardian to ensure they
- What Happens When You Die Without A Will In Texas?
This means that the court will determine how your property is divided up based on a set heir hierarchy This can be particularly challenging for those left behind as they try to navigate the probate court The probate court process involves appointing an executor or administrator to manage and distribute your Without a will, the probate court decides who will care for your children and their assets. Remember, the lawyer you choose will represent your interests in court and engage with other legal professionals
- 5 Reasons Why Putting Your House in a Trust is a Game-Changer
For one, it can help you avoid probate and other legal hassles arising after your death. Avoiding Probate and Estate Taxes If you don’t want to deal with the headache of the probate court or When you pass away, your property will avoid the lengthy and costly probate process by being transferred This means that when you pass away, there is no need for your heirs to go through probate court, which The main benefit of putting a house into a trust is that it can avoid the probate court process and ensure
- My Common Law Spouse Died. How Do You Prove Common Law Marriage After Death?
witnesses who knew you both when you were alive and could testify about any statements made during the course Additionally, they may also be able to provide advice on how best to present this information before a court #EstatePlanningLawyer #Executor #Probate #Wills