Each county in every USA state typically has its own Probate Court, and typically that court has an application to initiate a Probate Court proceeding.

But each court can call this application or form something slightly different.

Simply call the Probate Court in your local county and ask the Clerk for the form to initiate a probate proceeding. The clerk should be able to provide the form to you, or point you to a website where you can download it.

If property is not properly transferred to a Living Trust (known as “funding” the trust), then the property must be administrated by a probate court in order to be property distributed to the heirs. [ Read More… → ]

Information regarding a Trust typically can be obtained from the person named as Trustee — but the Trust document may prevent disclosure of the terms of the Trust if the person making the inquiry is not a named beneficiary. [ Read More… → ]

Generally, if a Trust is a Revocable Trust and the grantor(s) is (are) still alive, then the property in the Trust (i.e., owned by the Trust) remains Trust property until the stated action within the Trust calls for distribution. [ Read More… → ]

Typically, a Last Will and Testament cannot be used to control the future use of an asset (including cash) once it has been distributed.

Usually, a Will can only designate the amount (or percentage) of the estate and name the beneficiary or beneficiaries. [ Read More… → ]

The terms contained within the Living Trust document should be reviewed carefully to ensure any asset sales processes outlined within are followed.

After that, the process for selling real estate from a Trust is fairly straight-forward. [ Read More… → ]

A property ‘intended’ to be included in a Living Trust cannot be considered part of the Trust. Instead, a probate case may need to be open so that the probate court can issue an order transferring title to the property per state law.

Theoretically yes, one could use estate planning documents to designate child custody to someone besides a biological parent.

But the other parent certainly could contest guardianship after the death of the Will/Trust-creating parent, even if sole custody was granted in a divorce — regardless of the stated instructions in those documents. [ Read More… → ]

For clarity purposes, when listing blood-related children and step-children within a Last Will and Testament, Living Will or Living Trust, it is suggested that all children be specifically listed in the document by name and then referred to as “my children”. No designation past that is required.

Generally, a written amendment can be made to a Trust while the Donor(s) are alive to revise the beneficiaries or the distributions to those beneficiaries. But if the Donor(s) have passed away, that option no longer exists. [ Read More… → ]

Yes, a Living Trust can use a land contract to sell a property held in its name. The Land Contract simply needs to be completed correctly for a Trust. [ Read More… → ]

While it depends completely upon the type of Trust originally created, in most instances a Trust can be altered. [ Read More… → ]

Generally, Revocable Trusts are probate avoidance tools, allowing assets transferred to the Trust to avoid the probate process on upon the death of the Donor of the Trust.

Irrevocable Trusts, on the other hand, may provide some liability avoidance benefits. But transferring any assets to an Irrevocable Trust forever divests the donor of true ownership interest, so these types of Trusts must be used carefully. [ Read More… → ]

Simply follow the instructions provided in the legal forms contents, but do so with the clear understanding that the person signing the documents is the only person ‘completing’ or creating the Living Trust pro se. [ Read More… → ]

The Living Trust document is a probate avoidance tool that can be used to create a Trust entity to hold certain real property. This Trust entity is created in order to avoid the probate process upon the death of the Grantor of the Trust.

So what steps are required to get real property and other tangible assets into the Trust? [ Read More… → ]

Will there be tax consequences to a certain financial move in creating your new Living Trust? Most likely. Will Standard Legal offer any insight on such a topic? Never. [ Read More… → ]

Standard Legal believes that A/B Trusts are better set up as separate instruments for each member of a family, as doing so provides clarity and allows for the maximization of a worthwhile tax strategy. [ Read More… → ]

In a Chapter 7 or Chapter 13 Bankruptcy filing, the Court wants to know about a person’s complete financial circumstance — including any property or financial interests to which a person may not hold current title, but may gain access to as a beneficiary at a future date. [ Read More… → ]

Typically, the balance due on a mortgage for real estate owned by a Living Trust is the liability of the Trust itself.

Beneficiaries in a Trust are not personally liable for any obligations of the Trust in most situations. [ Read More… → ]

Generally, in order to fund a Living Trust, a person must have ownership of an asset so that he or she can transfer the title to that asset into the name of the Trust. [ Read More… → ]