Attorney Articles
Elder law is not defined by the legal subjects it handles but by the group of people it serves which are those who are aged 50 and above. The attorneys who specialize in elder law work primarily with people as they age to resolve such legal problems as estate planning, probate administration, medical care, long term medical or nursing home care, ...
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Probate is a court-supervised process that takes place to handle the estate of someone who has passed away. This is often a complicated legal procedure in which the deceased's personal representative and his or her attorney must perform certain functions. During this process, the personal representative is expected to act in a manner that is ...
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If you have any property or assets, even if that property consists of a few cars and some furniture, you have an "estate" which requires written documentation concerning how you wish these items to be handled should you pass away. If you have minor children, you also need an estate plan to take care of your children according to your ...
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In California, you have the legal right to provide instructions about the health care you receive. You are also given the right to name another person to make health care decisions should you be unable to do so. These issues can be taken care of in an Advanced Health Care Directive. The California Attorney General's Office provides a form which ...
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Many different types of trusts exist which are part of the legal field of estate planning. These trusts have different purposes and names. They can be revocable or irrevocable, living trusts or testamentary trusts. The basic nature of a trust is that it is a document which gives someone the right to hold funds or property for the good of another. ...
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Powers of attorney are routinely used in estate planning. These written documents appoint someone to act for you in conducting your affairs. These documents can consist of a general form or they can be created for one special area of activity or circumstance that the appointed person would handle. Examples of what a designated person might handle ...
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A medical directive consists of a statement of your instructions as to what medical or end-of-life actions or inactions you would wish to be taken on your behalf should you no longer be able to voice those instructions because of illness or incapacity. This document is also known by many other names, such as an advance health care directive or ...
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In a Texas guardianship, a court-appointed person is given the responsibility to care for another person and / or that person's property. Guardians are appointed to care for either minors or for adults who are unable to care for themselves due to illness or incapacity. These cared-for individuals are called "wards." Thus, two types of ...
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Nearly everyone has heard about the importance of estate planning, which puts you in the driver's seat when it comes to having your wishes and instructions followed after your passing. As part of your estate plan, incapacity planning is vital. It may be unpleasant to contemplate that, at some point in the future, you may become incapacitated ...
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When a person dies leaving behind assets, property, and an estate, the situation can lead to complications, problems, and disagreements between the surviving people involved. The individuals may not be able to come to an agreement about certain aspects of the will or the administration of the estate or may be in disagreement with one another over ...
Continue reading "Estate Litigation in Virginia" »
You have probably heard the words "asset protection" and wondered what exactly do those words mean? They sound good – who wouldn't like to have the things they've gained through hard work protected from threats and loss? Asset protection is just that – methods and tools used to safeguard such things as your home, ...
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While most of us have heard the word "probate," unless we personally have been part of the probate process, we generally have little understanding of it. When a person dies, his or her estate will go through probate, a court-supervised process, unless an estate plan was earlier put into place which makes probate unnecessary. Every state ...
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Setting up a trust is a crucial part of estate planning as it can help you avoid taxes, avoid probate, protect your estate, provide funds for your loved one's educational purposes and benefit charities. One nice thing about a trust is that its terms are private (unlike the terms of a will), which prevents the public from peering into your ...
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"We know that you have many choices when it comes to travelling, and we thank you for choosing to fly with our airline today." This is a line you often hear when aboard various airlines. Likewise, At Elizabeth A. Burick Co. L.P.A. we understand that there are many legal options out there for you to choose from. So what sets us apart as a ...
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Elder law, Medicaid, wills, trusts, power of attorney, guardianship- unless you live under a rock, you have most likely heard of these terms. While many Americans are familiar with the concept of 'estate planning,' few actually have an estate plan in place. According to a news release by the NAEPC Education Foundation, only 35% of Americans ...
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"Setting up a trust" is a topic we hear about on the news- but that is all too easily to dismiss as unimportant or irrelevant to us and our situations. The truth of the matter, however is that if you have a net worth of at least $100,000 setting up a trust is a strategic and beneficial step for your family. Whether you own a significant ...
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According to USA Today and a Pew Research Center study, more than half of all first marriages end in divorce, 75% of divorced individuals remarry, and 65% of these unions include children from previous marriages. Over all, more than 40% of American adults have at least one step-relative. While estate planning is already an extremely complex area of ...
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Your legacy is everything. If you fail to take steps to protect your assets now, your loved ones will deal with the financial headache later. While nobody tends to view estate planning in a positive light, taking this important life step will make sure your money stays in the hands of your loved ones. While more than half of Americans don't ...
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Probate is the process by which a deceased individual's assets are distributed. There is a lot of confusion online about whether or not you should be crafting your estate plan with the intent of preventing your loved ones from having to go to probate court. Why do people try to avoid probate? Is probate a bad thing or not? Should you be ...
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Whether or not probate is necessary depends on what property a decedent owned, how it was held, the probate laws applicable to our state and the probate laws of any states in which the decedent held property. When it comes to probate, what most individuals find the most frightening is its aura of unfamiliarity. While probate is a complex and often ...
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Some people have found that passing down your religious beliefs down to your heirs can be difficult. The question remains whether or not to leave religious stipulations out of your estate plan. In many cases when people begin drafting their estate plan, it is not just about passing on their financial assets and real estate property, it can also ...
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This 55 year old widow decides that she can longer manage six children so she gives up her adopted Chinese daughter and then attempts to cut her out of the husband's $250 million estate. Every now and then you hear those off the wall stories of estate battles regarding million dollar estates, but it is not too often that you hear about parents ...
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Once a trust has been created, it is the responsibility of the appointed trustee to ensure that the intentions of this estate planning device are upheld. This is known as "trust administration." In this article, we will discuss the various steps of this process. During the estate planning process, one will be afforded the opportunity to ...
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Probate is a term that is used to describe the method by which an estate is administered and processed through the legal system after one dies. This process was created to help transfer estates in a supervised and orderly manner, and this process must be closely followed in order for beneficiaries to receive their inheritance. Probate is sometimes ...
Continue reading "How to Avoid Common Probate Mistakes" »
In order to properly plan for probate, you must conduct a full inventory of your property and assets so that your estate value can be determined. This inventory is important because it ensures that you leave enough to cover your debts and distributions to beneficiaries. For example, if the value of your estate does not meet the obligations of your ...
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