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New York Probate
Estate Planning

New York Probate

If you want to successfully probate a will in New York, or probate an estate with no will, it makes sense to understand what probate

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Probate and mental health court services
Estate Planning

Probate and mental health court services

Mental health court is charged with committing individuals to treatment centers with the allegation of mental issues, developmental disability, chemical dependency, psychopathic personality, and referrals

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So many persons may happen to have estates across countries with families and loved ones elsewhere or in some situations where some get married to a foreigner or invest in foreign countries and all these could make estate planning quite challenging. However, synchronizing your international estates will require legal experts with vast knowledge, understanding and wealth of experience in such issues as estate succession and tax laws in the relevant countries that will affect the effectiveness of a will in the event of death. Difficulties In Estate Planning For Expatriates And Multinational Families In spite of the different estate tax laws in different states in America, however, these differences are barely noticeable because they all are founded on the same foundation in legal matters. But the contrary is the case across nations or internationally. While the Americans use the common law, the Europeans and Africans use the civil law. The common law is a legal system developed by judges through decisions of courts and similar tribunals (also called case law), as distinguished from legislative statutes or regulations promulgated by the executive branch. Whereas civil law is Roman law based on the Corpus Juris Civilis; it is the body of law dealing with the private relations between members of a community; it contrasts with common law. It contrasts with criminal law, military law and ecclesiastical law as well. Common Law Offers Significant Planning Pliability As regards estate planning, common law allows or gives an individual (the trustor) the freedom to decide who and who to receive what and what, he or she has the liberty to decide how his or her properties or estates should be distributed when he or she dies. Hence, a will is very vital as it determines how the estate of the decendent is to be distributed via the probate process. However, a trust can help avoid the probate process and the taxation of the estate likewise. Also based on common law, the estate is normally taxed before it is transferred to the beneficiary or named heir. Meanwhile, in a situation where there's no will, the estate becomes intestate and it is distributed based on the state laws. Civil Law Operates Based On Succession This is similar to the intestate laws followed in common law in the absence of a will when an individual dies. This implies that even while alive an individual cannot determine how his or her estate should be distributed in the event of his or her death. So, a will is almost of no use in civil law unlike in common law. Again, taxation of the estate takes place during distribution unlike in common law where the estates are taxed before distribution. That is, the heirs or beneficiaries of the estate are being taxed in civil law. Meanwhile, a trust is of no relevance when civil law is in operation. Citizenship and Residency An expatriate should have a good understanding of the laws and requirements concerning citizenship and residency in any country he lives and in which he possess properties. The estate plans of an expatriate will not only be altered by relocating to a new place with different laws, but also how long he or she intends to stay in the new location is another contributing factor and likewise how much of his riches he invests in the new location. International Transfer of Tax Credits The transfer tax for an expatriate is determined by the following factors; 1. The type of assets 2. The location of the assets 3. The accessiblity of tax credits in significant areas where there is an overlap of levied taxes 4. The relevance of an estate tax agreement or protocol between the US and the country of residence Usful techniques for international tax estate planning includes; Wills, Trusts, Life insurance, Gifting, personal investment companies, college savings etc. Estate Planning In The Case Of A Non-citizen People live, work and own properties overseas and happen to marry from their country of residence or a foreigner altogether. Sadly, the difficulties in taxation faced by American expatriates also occurs in a situation where they marry foreigners. In spite of having a permanent resident in the US, spouse who are foreigners do not enjoy the unlimited marital deduction on gifts and inheritance transferred to them by their spouse. Although they enjoy the 2019 $11.4 million lifetime exclusion.
Estate Planning

Inheritance tax

Having a will and planning your estate is important. Here we are going to consider why. Before we delve into that, let’s look at what

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Probate and Guardianship
Estate Planning

Probate and Guardianship

Probate guardianship is something many individuals will never have to consider. However, for those who are thinking of becoming a guardian or thinking about who

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How do I find probate documents?
Estate Planning

How do I find probate documents?

Probate is regarded as a court-backed process that must happen after a person’s death to enforce their will, supervise the sharing of assets, and more.

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Definition of PROBATE
Estate Planning

Definition of PROBATE

Meaning of Probate Probate is the legal process of proving and accepting in a court of law that a will is a valid public document

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Overcome the Biggest Hurdle in Estate Planning.
Estate Planning

How Do Probate Records Show?

What is probate? Probate is a legal system which has been designed to regulate the passing down ownership rights of the assets in the estate

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Probate Court Forms
Estate Planning

Probate Court Forms

What is probate? Probate is a legal system which has been designed to regulate the passing down of ownership rights of the assets in the

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Can I look up Probate Records
Estate Planning

Can I look up Probate Records

Most probate records are open record, accessible to anybody needing data on a perished individual or their property. The province probate representative keeps probate records

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Wills Probate Records
Estate Planning

Wills Probate Records

Wills It is a requirement of the wills probate process that a search for a wills notice be completed. A wills notice identifies that a

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How do I find Probate Homes?
Estate Planning

How do I find Probate Homes?

Real estate investors need homes that sell below the market price to make a profit. While foreclosure and short sale properties offer potential profits, there’s

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Probate Assistance
Estate Planning

Probate Assistance

What is Probate Probate is the process of proving the validity of the Last Will of the decedent in Surrogate’s Court. It is a complex

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Definition of Guardianship
Estate Planning

Definition of Guardianship

Definition of Guardianship? A guardianship is a legal relationship that gives one or more individuals the authority to make personal and health-related decisions on behalf

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Probate is a legal court process which is used to determine the validity of the last will and testament of a deceased person. The probate court is in charge of the process of probate.

The executor or personal representative of the estate is a person which was named in the will by the testator. The executor or personal representative has various duties and responsibilities to the estate.

Duties of a Utah probate personal Representative

Just as it is in every other state, in Utah the probate personal representative who is also known as the executor has numerous responsibilities to the estate. He is obligated to handle the affairs of the estate to the best of his ability to represent the interest of the heirs of the estate.

The duties of the personal representative includes

Taking possession of the decedent’s property; the personal representative of the estate takes possession of the deceased’s property except the will says otherwise. It is also possible for the personal representative to leave the properties to a person that is presumed to be entitled to the property. The person has possession of the properties till the representative needs the properties to administer the estate.

Paying of taxes and other bills; taxes like estate taxes are settled by the probate personal representative

Enlisting probate assets; within three months of the appointment of the probate personal representative, he makes an inventory of the assets in the estate of the deceased person. He enlists each asset in such a way that they are very detailed. For cases were some of the assets of the estate were appraised, the inventory is expected to contain the name and address of the appraiser.  Each of these assets should contain certain information such as

  1. Its fair market value on the date of the decedent’s death
  2. The type and amount of any mortgage, lien, or other encumbrance, if any, against that item

The next thing he does is to file the inventory to the court; he also gives to any person interested in the inventory.

Lastly, he prepares a supplementary list which includes assets which were omitted in the original list but has come to the knowledge of the probate representative. The supplementary list corrects every error which was made in the original list.

Notify creditor; another duty of the personal representative is to send a notice to creditors of the estate notifying them of the personal representative’s appointment and address and state that creditors of the estate should present their claims within three months after the date of the first publication of the notice or be forever barred. He notifies them via a public newspaper in the local county where the probate is filed.

He regulate the process of settling the creditors by deciding which creditor’s claim to allow and those not to allow.

He follows the order below to settle the creditors

  • reasonable funeral expenses;
  • costs and expenses of administering the estate;
  • debts and taxes with preference under federal law;
  • reasonable and necessary medical and hospital expenses of the last illness of the decedent, including compensation of persons attending him;
  • debts and taxes with preference under other Utah law; and
  • All other claims.

        The personal representative also has the duty to file any applicable tax returns and pay any applicable taxes Applicable tax returns will include the decedent’s final federal and state income tax returns and may also include, depending on the circumstances, federal and state income tax returns for the decedent’s estate, federal and state gift tax returns, or federal and state estate tax returns.

FAQ

Question: is the probate representative an executor?

Answer: the probate personal representative serves similar roles as the executor does. They both represent the interest of the estate and see to it that the process of probate is smoothly ruined and is successful.

Role of an attorney

Often, there might be need for clarifications or assistance and this support can only be given by a probate attorney. So the need of a probate attorney can never be ruled out. If you are the personal representative of an estate and you need to either consult or hire an attorney do well to contact us today as our attorneys are always available.

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