FAQ - We can
help you with answers to your questions, including:
Probate
- What is probate?
- Why is probate necessary?
- Does all property have to go through probate
when a person dies?
- Who is responsible for handling probate?
- Should I plan to avoid probate?
- When should I file a probate petition?
- What are the different types of probate petitions?
- What are the filing fees associated with filing
a probate petition?
- What documents do I need to support a probate
petition?
- What should I probate?
- What is a will?
- Who needs a will?
- Why should I make a will?
- What makes a will valid?
- What are the requirements for a will?
- Who can be a witness?
- Can a will be changed?
- Is joint tenancy a substitute for a will?
- Can I appoint a guardian for my children in
my will?
- What is a personal representative?
- Does the personal representative have to live
in my state?
- Can more than one person be named as a personal
representative?
- Do I need an attorney to serve as an executor?
- What does an executor or administrator do?
- Will I have to pay inheritance tax?
- Who takes charge if there is no will?
- Who gets the estate if there is no will?
- How can a person contest a will?
- What can I do if I think there is something
wrong with the will?
- What can I do if I think the will is unfair?
- What if there isn’t enough money to pay
for the funeral?
- What if there isn’t enough money to pay
the person’s debts?
- Can I dispose of my property in any way I wish?
- Should I leave a separate list disposing of
personal property?
- Must the will be read to the family?
- Why must an estate go through court?
- When should I make a will?
- If a family member dies, how do I get their
property transferred to the person who is entitled
to receive it?
Estate
- What is a qualified retirement plan?
- Why are 401(k) plans so popular?
- What is a Keogh plan?
- What is a community property state and how does
it affect estate planning?
- What are some of the tax consequences of estate
planning?
- What are some of the fiduciary responsibilities
owned by a trustee to the beneficiaries?
- When does my healthcare directive take effect?
- Who should I choose as a healthcare proxy?
- What types of medical care should I consider
when completing my healthcare documents?
- What is the Elder Law and how does it affect
me?
- What are guardianships and conservatorships?
- What is a living will?
- What is the difference between power of attorney
and power of appointment?
- What is a trust?
- Is it a hassle to own property in a trust?
- Can a living trust reduce estate taxes?
- What are the advantages and disadvantages of
having a trust instead of a will?
- If I have a living trust, do I still need a
will?
- Can I avoid estate taxes if I have a living
trust?
- What are estate taxes?
- What is included in my estate for purposes of
determining estate taxes?
- How can I remove assets from my estate with
being subject to estate or gift taxes?
- What is an Irrevocable Life Insurance Trust?
- What is a Qualified Personal Residence Trust?
- What is a Grantor Retained Annuity Trust (GRAT)
and Grantor Retained Unitrust (GRUT)?
- What is a Family Limited Partnership?
- What is a Charitable Remainder Trust?
- What is the Generation Skipping Transfer Tax
(GST)?
- What taxes will the beneficiary of my life insurance
policy have to pay?
- What’s the difference between an inheritance
tax and an estate tax?
- Who will get my property if I die without a
will?
Resources & Forms
Estate
Planning Questionnaire (PDF)
Spouse
Questions (PDF)
Information
for Survivors (PDF)
Getting Started
ACW Law has talented lawyers waiting to
help you with your probate and estate planning issues.
Please contact:
Craig Wittstruck
Tom
Lamb
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