Probate

Before making a decision on a beneficiary, it’s very important to check your state laws. Some states have different rules on who you can name as a beneficiary.

The contents of a person’s will and related revocable trust cannot be challenged in court until he or she has died, Maryland’s second highest court ruled last week in rejecting a daughter’s bid to revive an undue-influence challenge to her estranged and ailing mother’s decision to write her out of her will.

Here is a list, in no particular order, of what needs to be done after someone passes to help you during this difficult time.

My mother told me many times over the years that she had a will, and I believed her. When she passed away, we discovered that her will was 40 years old—and completely useless.

My father left his house to me and my sister. However, 75% is supposed to be for me and 25% for her. Because she feels that was unfair, she’s fighting with me about selling the house.

It is quite a tragedy when a loved one passes away. You may want to remember them by keeping sentimental objects from their home, or perhaps they wanted you to inherit a specific item.

If a loved one asks you to be the executor of their estate, think carefully before you take on this responsibility. While you have the option of declining the request, the person reaching out likely considers you to be responsible and detail oriented. An executor of an estate typically helps file paperwork, close accounts and distribute the assets of the deceased.

A competent elder law or estate attorney can discuss and use, where appropriate, such provisions as the family exemption, benefits to prepaying inheritance tax, even where the tax return is not yet complete and a listing of itemized deductions.

Non-probate assets are those assets which do not go into an estate when the owner dies.