| Healthcare Power of Attorney Formalities |
| There are a few technical requirements with which you must comply before a healthcare power of attorney will be considered legally valid and binding. More... |
| State Death Taxes - Returns and Allocation |
| Each state usually has its own forms for inheritance-tax or other death-tax returns. Obtain these forms at the earliest possible date so that you will be aware in advance of your responsibilities and can accumulate the necessary information during the administration of the estate. As soon as reasonably possible, become familiar with the time requirements for filing the state death-tax returns. Some states give a discount for early payment, and this early payment can be due several months after death. The tax return often is due in less than a year, with penalties for late payment. More... |
| Will Contests -- Lack of Testamentary Capacity, Improper Execution, Bogus Will |
| You cannot contest a will simply because you don't like the provisions, or because you received less than you felt you should have received, or because the provisions were, in your opinion, unfair. You must have legal grounds, which, if supported by the evidence, would cause the will to be rejected by the Probate Court. More... |
| Federal Estate-Tax Return - Deductions |
| 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... |
| Voting Trusts |
| The special purpose served with a voting trust is to transfer the right to vote shares of stock without losing control of the stock itself or any other rights associated with it, such as appreciation, dividends, or other distributions. The voting trust is most often used with closely held companies where it is deemed advisable to allow one or more specific individuals to vote the stock. It is the trustee of the voting trust who is entitled to vote the stock held in the trust, and thus the individuals who are to have the vote will be appointed as the trustees of the voting trust.More... |
Allender & Allender, P.A.
Probate, Estate Planning, Trusts & Trust Administration, Real Property, Elder Law, Guardianships
