Podcasts about Intestacy

In this episode of Absolute Trust Talk, host Kirsten Howe and associate attorney Jessica Colbert discuss critical estate planning considerations during divorce proceedings. They explore what happens if someone becomes incapacitated or dies while their divorce is still pending, revealing potentially unwelcome consequences if proper planning isn't in place. The discussion highlights how existing estate plans typically name a spouse as the primary decision-maker and beneficiary—a designation most divorcing individuals would want to change immediately. Without written estate plans, the situation becomes even more complicated, potentially requiring expensive and contentious conservatorship proceedings for incapacity or following intestacy laws upon death that would likely favor the soon-to-be ex-spouse. This episode, part one of a two-part series, emphasizes that you remain legally married until a judge finalizes your divorce, meaning all existing estate planning designations remain in effect unless proactively changed.   Time-stamped Show Notes: 0:00 Introduction 2:10 What happens if you become incapacitated during divorce with a written estate plan 2:52 The consequences of becoming incapacitated without a written estate plan during divorce 3:28 Brief explanation of the conservatorship process and why it should be avoided 5:03 What happens if you die before your divorce is finalized 5:12 Death without a written estate plan during divorce: intestacy and its complications 6:29 How existing written estate plans remain in effect until the divorce is finalized 6:48 The bottom line: You remain legally married until a judge says otherwise

This lecture introduces the fundamental purpose of a will within the context of trusts and estates law. It explains that a will is a legally binding document outlining how a person's assets should be distributed after their death, covering aspects like property inheritance, guardianship of minors, and executor selection. The lecture contrasts this with intestacy laws, which dictate asset distribution when someone dies without a valid will, often following a predefined order of relatives. It highlights the importance of creating a will to ensure personal wishes are honored, potential conflicts are avoided, and specific needs, such as those of blended families or charitable intentions, are addressed. The lecture also touches upon the formal requirements for creating a valid will, including signatures and witnesses, and briefly discusses alternative forms like holographic and nuncupative wills. Finally, it notes the interaction between wills and other estate planning tools, such as beneficiary designations, and the role of probate in validating wills and administering estates.The fundamental purpose of a will is to serve as a legally enforceable declaration by an individual (testator) instructing how their assets should be distributed after their death. It can address the inheritance of personal items, the naming of guardians for minor children, and funeral or burial requests, ensuring the testator's wishes are followed.Generally, a valid will requires the testator to sign the document in the presence of witnesses, who also sign to attest that they observed the testator's voluntary execution. These formalities are crucial to prevent fraud and ensure the document reflects the testator's true intentions as their final instructions.Testamentary capacity refers to the testator's mental ability at the time of will creation to understand they are making a will, the nature and extent of their property, and who their natural beneficiaries would be. This is vital for validity, ensuring the testator comprehends the significance of disposing of their assets after death and is not subject to undue influence.A holographic will is written entirely in the testator's handwriting and often lacks witnesses, while a nuncupative will is an oral will, typically only valid in very limited circumstances like imminent death and requiring neutral witnesses. Courts treat them cautiously due to the increased risk of fraud or misunderstanding in the absence of formal execution procedures.If a person dies intestate (without a valid will), state intestacy laws dictate how their estate will be distributed based on a predetermined hierarchy of relatives, starting with a surviving spouse and children, then parents, siblings, and so on. This statutory scheme aims to approximate what most people might want but may not reflect the decedent's specific desires.For example, if a person lives with a long-term partner but is not legally married and dies without a will, the partner may receive nothing under intestacy laws, with the estate potentially going to more distant or estranged blood relatives. This highlights how intestacy can disregard close personal relationships in favor of legal or familial ties.Creating a will is especially important for individuals with minor children because it allows them to nominate a guardian to care for their children if neither parent survives or is capable. Without this designation, courts would have to decide who is best suited, potentially leading to disputes or placement with someone the decedent would not have chosen.Assets that pass through a will are typically those solely owned by the decedent without a beneficiary designation (probate assets). Assets that pass outside the will include life insurance proceeds, retirement accounts with named beneficiaries, and jointly held property with right of survivorship, which transfer directly to the designated individuals upon death.

This lecture introduces the foundational principles of wills and intestacy law. It explains that a will is a legal document allowing individuals to direct the distribution of their assets and name guardians for minors after death. The lecture outlines typical state requirements for valid wills, such as signatures and witnesses, and discusses alternative forms like holographic and nuncupative wills. It further contrasts wills with intestacy laws, which dictate asset distribution according to a statutory hierarchy when no valid will exists. Ultimately, the lecture emphasizes the importance of wills in ensuring a decedent's wishes are honored and potential complications are avoided.

You're working hard to build wealth, but without estate planning, your assets could easily land in the wrong hands, causing your family a great deal of trouble. No one likes thinking about their death, but you NEED to tackle this issue head-on if you hope to preserve your legacy! Welcome back to the BiggerPockets Money podcast! Today, we're tackling two of the most taboo topics—death and money—with estate and elder attorney Jenny Rozelle. If you're nearly ready to retire, you MUST develop an estate plan. Otherwise, intestate succession laws will determine your fortune's fate. Even if you're young and have little to your name, there are basic steps you can take today to ensure that your current and future assets don't go to the wrong person. In this episode, you'll learn how to find the BEST estate planning attorney and prepare for your first meeting. Jenny also shares the truth behind probate and why it isn't nearly as painful as it sounds! Stick around for part two, where we rapid-fire estate planning questions at Jenny as she shares information even we didn't know about! In This Episode We Cover Basic estate planning documents every person needs (regardless of age) What really happens in probate court (and why it's NOT as scary as it sounds) Intestacy explained, and how to stop your assets from landing in the wrong hands How to make sorting out your estate as easy as possible for your loved ones And So Much More! Links from the Show BiggerPockets Money Facebook Group Network with Other Investors on The Path to FIRE Through the BiggerPockets Forums Finance Review Guest Onboarding Join BiggerPockets for FREE Mindy on BiggerPockets Scott on BiggePockets Listen to All Your Favorite BiggerPockets Podcasts in One Place Apply to Be a Guest on The Money Show Podcast Talent Search! Find an Investor-Friendly Agent in Your Area Find Investor-Friendly Lenders Property Manager Finder BiggerPockets Money 404 - How to Build Wealth in Three Simple Steps w/The Money Guy Show BiggerPockets Money 510 - Morgan Housel: Financial Lessons From History Anyone Can Use to Get Rich Grab Brian's New Book, “Millionaire Mission” Money Guys Show BiggerPockets Money 397 - Estate Planning, Wills, and What to Do NOW to Protect Your Heirs BiggerPockets Money 401 - The Post-Passing Plan: 3 Steps to Protect Your Family's Financial Future BiggerPockets Money 503 - How to Keep MORE of Your Inheritance From the IRS (Avoid These Tax Mistakes!) 00:00 Intro 01:27 Why You NEED an Estate Plan 07:52 Finding an Attorney & Probate 101 18:10 First Steps for Early Retirees 24:56 Getting Organized & Estate Planning Costs 37:00 Connect with Jenny! 37:29 Start Planning Today! Check out more resources from this show on BiggerPockets.com and https://www.biggerpockets.com/blog/money-532 Interested in learning more about today's sponsors or becoming a BiggerPockets partner yourself? Email advertise@biggerpockets.com Learn more about your ad choices. Visit megaphone.fm/adchoices

Legal Foundation: The elective share varies by jurisdiction but generally represents a significant portion of the estate, often one-third to one-half. Purpose and Protection: This provision acknowledges the economic partnership inherent in marriage, ensuring that the surviving spouse receives support and recognition in the estate distribution process. Calculation and Scope: The elective share may be calculated based on the net estate, including both probate and non-probate assets, depending on the jurisdiction. It typically encompasses property owned at death and certain transfers made during the decedent's lifetime. Limitations and Considerations: The right to elect a share may be subject to specific filing deadlines and procedural requirements. Additionally, prenuptial agreements or spousal waivers can impact the elective share's applicability. Discussion on the Rights of Children, Including Adopted Children, Stepchildren, and Children Born After the Decedent's Death Children's rights under intestate succession laws are framed to ensure equitable treatment and support, reflecting societal values on family and inheritance. These rights extend to biological children, adopted children, and, under certain conditions, stepchildren and children born posthumously. Biological and Adopted Children: Both enjoy equal standing under intestate laws, inheriting from their parents without distinction. This equality underscores the legal and societal recognition of adopted children's full membership in the family. Stepchildren: Generally, stepchildren do not inherit under intestate succession unless legally adopted by the decedent. However, some jurisdictions may provide for stepchildren under specific circumstances, particularly if they were financially dependent on the decedent. Posthumously Born Children: Children conceived before but born after the decedent's death are typically granted inheritance rights as if they were born during the decedent's lifetime. This ensures that future children are not disadvantaged due to timing. Inclusion and Protection: These provisions aim to protect children's rights to support and inheritance, reflecting the legal system's commitment to safeguarding minors and dependents within the family structure. The Implications of Community Property Laws on Intestate Succession for Spouses In jurisdictions that recognize community property, the laws significantly impact how estates are distributed under intestate succession, particularly concerning the surviving spouse's rights. Community Property Defined: Community property laws treat all property acquired during the marriage (excluding gifts or inheritances to one spouse) as jointly owned by both spouses. Distribution Upon Death: Upon one spouse's death, their half of the community property is subject to distribution under intestate laws, while the surviving spouse retains their half. Spousal Rights: These laws ensure that the surviving spouse receives at least half of the marital estate, reinforcing the partnership principle of marriage and providing a measure of financial security. Separate Property: The decedent's separate property—owned before the marriage or acquired by gift or inheritance—is distributed according to intestate succession laws, which may further benefit the surviving spouse, depending on the jurisdiction's specific provisions. --- Send in a voice message: https://podcasters.spotify.com/pod/show/law-school/message Support this podcast: https://podcasters.spotify.com/pod/show/law-school/support

In this episode we sit down with solicitor (and general icon) Paula McHugh. Paula opened her own generalpractice in 1991 and over 32 years as a general practitioner she has gained expertise in Conveyancing bothResidential and Commercial, Estate Planning and Probate (Wills and Intestacy) , Personal Injury, Civil Litigation,Family Law; Licensing and Judicial Review applications. Her Pragmatic Experience coupled with her academicachievements offer a dynamic solution focused response to any legal problem. Her team consist of 7 dedicatedcolleagues who provide a friendly, supportive, and relatable service to their clients.The ethos of her firm is “We Are Here to Help”. Stunning. Paula has seen it all and worked with so many FTBsover the years she is the ideal guest to help us understand the conveyancing stage a little better.Don't forget! Episodes in this series are time stamped. This means you can easily jump to the partyou want to hear again or is most relevant to you right now.4:20-The conveyancing stage, an overview4:35-Stage 16:57-A must do before stage 2!8:32-Stage 214:23-Stage 316:47-Finding the right solicitor for you19:31-When a gift is involved23:35-A note on some important payments and prep26:06-Stage 428:40-Grants31:09-Payments in more detail33:36-A note on snag lists in new builds36:15-Wise words for us future FTBs For more information on getting mortgage ready visit: Getting Mortgage Ready - Mortgage Articles -Bank of Ireland For more information on mortgage rates visit: Mortgage Rates - Mortgages - Bank of Ireland For more information on the Bank of Ireland Mortgage Saver Account visit: Exclusive offer for FirstTime Buyers - Bank of Ireland For more information on Cashback visit: Cashback Plus | Mortgage | Bank of Ireland For more information on Self Builds visit: Why BOI - New Build Mortgage - Bank of IrelandBank of Ireland Mortgage bank trading as Bank of Ireland Mortgages u.c is regulated by the Central Bank ofIreland.T&Cs apply, for more information about Bank of Ireland Mortgages visit:http://www.bankofireland.com/mortgages Hosted on Acast. See acast.com/privacy for more information.

Ever wondered what happens when a loved one passes away without a will and the repercussions it can have on a family? Join us as we shed light on the little-known term 'intestacy' and unravel the bitter dispute between the sons of music legend Aretha Franklin over her multi-million-dollar estate. Our esteemed host Bob Sewell, plays guest this time and the amazing David Williams is our host. Both are partners in the law firm of Davis Miles. Bob offers his legal expertise on the topic, giving us a firsthand account of how intestacy laws work and the role of the state government in such matters. In the second part of our conversation, we explore the often-underestimated power of mediation in resolving family disputes. Bob shares his rich experiences as a mediator, enlightening us on how this often overlooked tool can be used to not only resolve disputes but also preserve treasured family relationships. We delve into the role of the mediator and why it's better to settle disputes rather than leaving the decision to a judge. Bob's gives a unique perspective on family disputes and how they can be managed while minimizing the emotional trauma they often inflict on relationships. Tune in, as we navigate the intertwining worlds of family, law, and money.

Before I go, where? Trigger alert it is that word again. We are discussing the end, job done, and time to move on. My weekend show was looking at the Eulogy exercise, because my wife is training to be a minister, and one of her assignments is to create a living funeral.  So the topic was in the air. Now if we are going to consider our Eulogy, we should consider a few other aspects regarding the end of life. There is an old saying that we cannot avoid Death and Taxes, and the sad truth is most people take more care of their taxes than they do in preparing to die. Only 45% of adults have a will. Intestacy is a messy process.   End-of-life planning can be a celebration Today we are talking about the value of planning for the end so that you can enjoy the time you have left. And it was a wonderful opportunity to bring back a guest who was last on the show in 2018. Jane Duncan Rodgers, is a friend and neighbour, a guest that is not only in the same time zone but lives less than a mile from my house. She is an award-winning life and death coach who helps people prepare well for a good end of life through her books and programmes. It was the death of her husband that led her to write the book “Gifted By Grief”   There was a chapter that explore a list of questions and how they prepared for his passing. Before I Go Solutions That simple list has grown into a book. Today Jane is the founder of Before I Go Solutions, an organisation dedicated to educating people about dying, death, and grief. This podcast is about living life to the full, that life will end and having a plan for the end is a parting gift to your loved one.     Further details about this podcast along with my Guest's website and social links are all available at: https://www.lifepassionandbusiness.com/jane-duncan-rogers-before-I-go     Life Passion & Business is dedicated to exploring what it takes to be Extraordinary, to face challenges and rejoice in the opportunities they bring, and expand our vision into new ways of thinking and living. There is a lot to gain from listening to other people's stories, however the real work begins by taking action in your own life. For full details of Events, Resources and Services visit: www.lifepassionandbusiness.com     Support For Podcasters: Running a podcast is fun, but it takes time and dedication. Whenever you enjoy a podcast please share your appreciation with comments, likes, shares and reviews. It helps other listeners find good content and supports the content creators and their guests. Another way you can support the Life Passion & Business podcast is with small donations: https://www.buymeacoffee.com/lifeandpassion

Dr. Dani Gordon the founder of Resilience Clinic is a double board-certified medical doctor, author and world-leading expert in integrative and cannabinoid (yes as in cannabis but the legal kind for medical use by prescription!) medicine. She has over 10 years expertise treating 1000s of patients first in North America and now in the UK,...

Simon Wright, Managing Director of The Honey Group, a company that he helped to create upon entering the legal sector in 2009. The Honey Group is one of the largest estate planning companies in England and Wales. Since 2016, Simon's company, The Honey Group has recorded over £12 million in legacy donations to U.K charities...

You may think only the wealthy need an estate plan, but anyone—regardless of age, marital status, or total assets—benefits from having one in place.Welcome to the Australian Property Investment Podcast. In each episode, we ask a guest expert to share their key insights for aspiring investors to make confident property choices.In this week's episode, Olivia Southall and Nicki McNamara of Kells Your Lawyers share their expertise in will and estate planning and why it is essential to create an advance directive or a living will.They also discuss how having a clear estate plan may spare your assets and family's well-being from a lot of concern and decision-making.If you want to learn more from Olivia and Nicki about Will and Estate Planning, then make sure to listen to this episode!Looking for expert conversations that educate investors like yourself to help you build a quality property portfolio? You're in the right place. Stay tuned!Time Stamps:00:00 - Intro02:07 - Olivia and Nicki's 3Ps (Personal, Professional and Property Journey)05:39 - What is a Will and Estate Plan?09:10 - Talk to Your Family About Making A Will11:02 - If There's Already A Will in Place14:03 - If There is No Will in Place14:54 - When Is the Right Time to Delegate Authority16:03 - Dealing with Easy and Complex Cases18:15 - Superannuation Nominations20:17 - The Law of Intestacy and How to Discuss this Law with the Family22:29 - What to Consider When Updating Your Will26:16 - Dealing with Court Proceedings27:54 - Final Thoughts and Conclusions29:49 - OutroAbout Our Host:Aaron-Christie David is the founder of Atelier Wealth and a Mortgage & Finance Association of Australia (MFAA) approved Mortgage Broker. Aaron's focus is clear – supporting property investors make confident decisions to build their property portfolio. He has been recognised in the MPA Top 100 Broker rankings for the last three years.With over 10 years in financial services experience, with a career spanning Wizard Home Loans and Commonwealth Bank, Aaron's decision to become a broker was to help more Australians fearlessly buy investment properties to achieve intergenerational wealth.Connect with Aaron:Visit the website: https://atelierwealth.com.au/Follow Aaron on Facebook: https://www.facebook.com/aaronchristiedavidFollow Aaron on LinkedIn: https://www.linkedin.com/in/aaron-christie-david-a7482a21/Subscribe to Atelier Wealth's YouTube Channel: https://www.youtube.com/channel/UCKdm2ssEHel1kyQLAHGvNPQConnect with Kells Your Lawyers:Follow Kells Your Lawyers on LinkedIn: https://www.linkedin.com/company/kells/Visit Kells Your Lawyers website: https://www.kells.com.au/Follow Kells Your Lawyers on Facebook: https://www.facebook.com/kellsyourlawyersFollow Kells Your Lawyers on Instagram: https://www.instagram.com/kellsyourlawyers/Subscribe to Kells Your Lawyers' YouTube channel: https://www.youtube.com/user/kellsthelawyersThanks for tuning in! Please don't forget to like, share, and subscribe!

Gareth walks us through our standardized government inheritance plan. Take a look to see if your money goes where you'd want it to but remember it doesn't cover everything. YoutubeAlso want to see how you'd score on our mortgage preparedness questionnaire click here

Did you know that the 2021 Caring.com Estate Planning and Wills Survey found that 67% of adults don't have a Will? So, what happens to a person's "stuff" when they pass away without an estate plan that explains their wishes? Our attorney, Michele Procino-Wells is hosted by Marie Chin, Estate Administration Coordinator, to discuss just that. When a person passes away without an estate plan, state statues apply, known as intestacy rules, and in most cases, they are not the inheritance rules a person would choose. 

In this Episode we are talking Wills and Why they are so important and as always they are not (just) about the money!  This simple but powerful document can go so far to protect your family, especially with young children or where relationships have come and gone and Family has changed.We chatted about:Ways to protect your Family home with a WillIntestacy and why its as scary as it soundsWho can help you with a WillThe important people you need involved in your Will including Guardians for children________________________________________________________________Your hosts today were money experts Julie Flynn and  Catherine Thomas Humphreys  and were  joined by Café expert Emily Pool ___________________________________________________________________Julie is an independent financial planner and certified financial coach. Years of qualifications and research have led Julie to have a unique understanding of how our brains behave under stress, and how this impacts on our financial decision making and well-being.  Julie works with women experiencing or planning significant change in their lives. She founded Ebb & Flow Financial Coaching last year, where she focusses on her work with women who have lost their partner. She also coaches women wanting to change how they charge for their services.  Website | InstagramCatherine is an independent financial adviser, will writer and certified financial coach.  Catherine works with parents to financially empower them to raise up their family, in particular families undergoing change or complexity including blending, separating, single & co-parenting.She founded #TheFinfluencer during lockdown to support and empower those feeling fearful or overwhelmed with their financial situation and focusses her work on creating positive relationship with your money, yourself and those you love. Website | InstagramEmily is a Financial Planner and Will Writer and Founder of Happy Planet Financial Planning and is passionate about empowering people to invest their wealth (pensions and savings) sustainably and in line with their personal values______________________________________________________________________We'd love to hear your thoughts on today's episode and any questions you have. You can send us a me

Here is Frank Bruno's daily dose of elder law. Elder Law attorneys help their clients facing incapacity, paying for long-term care, or settling an estate. Find us on the web! For more information visits my website at https://www.frankbrunolaw.com Schedule a free telephone consultation on our Website at https://frankbrunolaw.apptoto.com// Say Hi on Social: Visit my Instagram page at https://www.instagram.com/frankbrunoesq/?hl=en Visit my Facebook page at https://www.facebook.com/LawOfficeofFrankBrunoJr/ Visit my Linkedin page at https://www.linkedin.com/in/frank-bruno-2aa14799/ Visit my Twitter page at https://twitter.com/_frankbrunolaw Website: https://www.frankbrunolaw.com What we do at our offices: Wills, Trusts, Estates, Powers of Attorney, Nursing Home Medicaid, Long Term Care Planning, Guardianship, Real Property transfers & Probate Frank Bruno, Jr. is an Elder Law and Special Needs lawyer with years of experience handling these types of cases. He is extremely active in the Queens, New York Community, the Queens County Bar Association, and New York State Bar Association and is frequently invited to speak at events about Elder Law. If you'd like to learn more about Elder Law, Medicaid planning, Guardianship, Special Needs Trusts, or Probate law contact the Law Office of Frank Bruno, Jr. today at 718-418-5000. Thank you for listening! Eldercare law is really an umbrella term encompassing multiple areas of law. Some elder care attorneys handle subjects that most people know something about, such as probate, guardianship, estate planning. Other eldercare lawyers focus their practice on other areas of law such as special needs planning, VA benefits planning, and Medicaid planning. So, what is Medicaid planning? Medicaid planning is a way to protect people's assets from the threat of long-term care expenses. Many clients are between 65 and 95, own their own homes, and have between $25,000 and $750,000 worth of assets in addition to the house. What many people don't realize is exactly how expensive long term care expenses can be – In 2020 the average costs of a skilled nursing facility, in New York is $14,250.00 per month. Someone can be solidly middle class or upper-middle class, have saved their whole life, and think that they'll have plenty of money for whatever happens only to suffer a stroke, major heart attack or get an Alzheimer's or Parkinson's diagnosis and need help with their activities of daily living. If they have this six-figure per year care expense, many people spend everything. Medicare does not pay skilled nursing home expenses after 100 days. An elder care attorney, who handles Medicaid planning, is able to legally and ethically protect people's assets to get them qualified for Medicaid. Medicaid, unlike Medicare, has excellent long-term care benefits. This helps them supplement their lifestyle with their own assets (to improve the quality of their life while alive) and make it more likely that they will have something to pass onto their heirs after they pass away. There are many myths and much misinformation surrounding long-term care Medicaid in New York. To learn more please visit... https://www.frankbrunolaw.com

Bill C245 has passed. New 'substantial compliance' rules can save a Will. Your Holograph Will can be valid.

So what happens if you die without a will? The state is left to make a best guess based on your family tree. That works for some, but for a lot of people, failing to have a will leaves a mess.Don't have a plan? You will leave a mess. In Your Organized (after)Life Workshop, I teach you what you need to know and the steps you need to take to have a plan. Enroll now, http://www.anorganizedafterlife.com/workshop/

Can a Will be disputed? How would you go about disputing someones Will, and on what basis can you dispute a Will? Perhaps you have been unfairly excluded from a Will? Have you ever wondered what is meant by the term 'probate'?  To find out all of this and more, go over and listen to this episode in which our host Hatti Suvari and specialist Barrister, Stephanie Cummings, discuss these questions and much more, including key points to consider when writing your Will to prevent it from being contested! Empower yourself with jargon free legal knowledge on this important topic.#probate #Will #disputingaWill #inheritance #legallearning #getlegallyspeaking  

In common-law jurisdictions, administration of an estate on death arises if the deceased is legally intestate, meaning they did not leave a will, or some assets are not disposed of by their will. Where a person dies leaving a will appointing an executor, and that executor validly disposes of the property of the deceased within England and Wales, then the estate will go to probate. However, if no will is left, or the will is invalid or incomplete in some way, then administrators must be appointed. They perform a similar role to the executor of a will but, where there are no instructions in a will, the administrators must distribute the estate of the deceased according to the rules laid down by statute and the common trust. Certain property falls outside the estate for administration purposes, the most common example probably being houses jointly owned that pass by survivorship on the first death of a couple into the sole name of the survivor. Other examples include discretionary death benefits from pension funds, accounts with certain financial institutions subject to a nomination and the proceeds of life insurance policies which have been written into trust. Trust property will also frequently fall outside the estate but will depend on the terms of the trust. Intestacy is the condition of the estate of a person who dies without having in force a valid will or other binding declaration. Alternatively this may also apply where a will or declaration has been made, but only applies to part of the estate; the remaining estate forms the "intestate estate". Intestacy law, also referred to as the law of descent and distribution, refers to the body of law (statutory and case law) that determines who is entitled to the property from the estate under the rules of inheritance. A testator (/tɛsˈteɪtɔːr/) is a person who has written and executed a last will and testament that is in effect at the time of his/her death. It is any "person who makes a will." --- Send in a voice message: https://anchor.fm/law-school/message Support this podcast: https://anchor.fm/law-school/support

While most Iowans know they really do need a will, the reality is, not everyone is able to have a will written prior to their passing. The State of Iowa has a process for distribution of your possessions should you pass without a will. This process is known as intestate succession. Read the full article here: https://www.oflaherty-law.com/learn-about-law/how-is-an-iowa-estate-divided-if-there-is-no-will-iowa-intestacy-laws O'Flaherty Law now serves over 105 counties across Illinois, Iowa, and Indiana. If you have any questions regarding a case or would like to speak to one of our attorneys after watching a #LearnAboutLaw video, give us a call at (630) 324-6666 or send us an email at info@oflaherty-law.com to get in contact with someone from our team. Subscribe to our channel for daily videos dedicated to all things law and leave a comment with any questions about this topic. Find us online for more legal content and to stay connected with our team - Website: https://www.oflaherty-law.com/ - LinkedIn: https://www.linkedin.com/company/oflahertylaw - Instagram: https://www.instagram.com/oflahertylaw - Facebook: https://www.facebook.com/oflahertylawGroup/ **None of the content in this series is intended as paid legal advice. In this video, we will discuss Iowa intestacy laws and how to divide an estate if there is no will. Our article will answer the questions: What property qualifies for Intestate Succession in Iowa?, How does Intestate Succession Work in Iowa?, and How can I prevent Intestate Succession?

Website: https://www.kmclawmd.com/ Email: kelly@kmclawmd.com Phone: (443) 906-1477 Kelly McCrea is an estate planning attorney with KMC Law in Maryland. In this video, she explains what the components of an estate plan are and why it's important to get it done. This is a basic introduction, we don't spend too much time on any given topic - I will be circling back to do a deeper dive in later episodes. Intestacy means property passes through probate without a Will - it's up to the courts to decide who gets what. I learned that in Maryland if you don't have a Will your assets will be split 50% between your spouse and minor children - not sure if/how many other states have similar rules, you'll want to check. There are some things that don't have to go through probate - anything with a beneficiary form because the beneficiary form will take priority. This makes it very important to keep these updated, especially after a divorce or other significant changes. Another thing I learned is Maryland is a "surrogate" state - meaning if your spouse or parents may speak for you if you are unable to speak for yourself, even if you don't have advanced directives. This link will take you to an HHS pdf file that does a deep dive into state surrogate laws. The advanced directives help your loved ones make decisions about what treatments you do, or don't, want; and everyone over the age of 18 who is of sound mind and body should complete them - especially if you have kids doing a semester abroad or going off to college in another State. We talked about (2) kinds of Powers of Attorney - the Springing and the Durable. Springing means it won't come into effect until the individual has been found incapacitated by (2) medical professionals. The Durable power of attorney means it will stay in effect even after the individual becomes incapacitated mentally. Kelly explained Revocable living trusts and testamentary trusts. Revocable means it may be changed and does not offer any protection for public benefits. Testamentary means it will come into being after you die. You also have the option of creating special needs trusts while you're alive, as long as you fund them with a nominal amount (I've got $10 in each). We discussed trustees, highlighting the challenges of having more than one - someone has to have the final say. Trustees control the flow of assets, and trust protectors monitor the distribution - an important distinction. As an Amazon Associate, I earn commissions from qualifying purchases. For more information about True North Disability Planning you can find us here: Web: https://truenorthdisabilityplanning.com/ Blog - https://ejorgensenwordpresscom.wordpress.com Podcast (ABC's of Disability Planning) - https://anchor.fm/abcs-disability-planning Waypoints - https://waypoints.substack.com/ Facebook: @TrueNorthDisabilityPlanning Twitter: @NeedsNavigator Resource store (free downloads too) - https://www.teacherspayteachers.com/Store/True-North-Disability-Planning --- This episode is sponsored by · Anchor: The easiest way to make a podcast. https://anchor.fm/app --- Send in a voice message: https://anchor.fm/abcs-disability-planning/message

A&A talk about dead people issues! No just kidding, kind of. Your favorite legal duo sits down with probate attorney and Andrea’s husband Spencer Turner and discuss what the heck is probate, what’s a will, why you NEED a will (seriously it’s 2020 - you can bet Andrea is getting one!), what happens to your property if you die with a will v. without a will, how you can provide for your pet after you pass, and more. Connect with Spencer on LinkedIn: linkedin.com/in/spencer-turner-93b65340Learn more about Spencer: fghwlaw.com/turnerConnect with Andrea on IG: @andrea.s.turnerConnect with Austin on IG: @the_dallas_lawyerCheck out #LAWYERED on IG: @hash_tag_lawyered

Juliet Brook tells us how our 180 year-old will and inheritance laws are causing problems during Coronavirus, and explains how other countries are able to show leniency where witnesses are missing or documents aren't correctly signed. So how do these 'Dispensing Powers' work, and where might a reformed UK law draw the line of leniency? Subscribe for a new episode every week, and share the big idea #lifesolved You can find out more about research taking place at the University of Portsmouth at port.ac.uk/SOLVE. Points of Interest: Mrs Juliet Brook- Principal Lecturer, and Associate Head at Portsmouth Law School-https://researchportal.port.ac.uk/portal/en/persons/juliet-brook(d28aed10-45c6-449c-9ec1-5b756a47179c).html Law Commission - https://www.lawcom.gov.uk/ Law of Intestacy - https://www.gov.uk/inherits-someone-dies-without-will Grenfell Tower - https://www.bbc.co.uk/news/uk-40301289 Wills and Inheritance Laws in Australia - https://worldwidelawyers.co.uk/wills-probate/wills-probate-in-australia/ Privileged Will - https://www.lexisnexis.co.uk/legal/guidance/validity-of-wills-privileged-willsGuidance on making wills using video conferencing - https://www.gov.uk/guidance/guidance-on-making-wills-using-video-conferencing New Zealand Wills Act 2007 - http://www.legislation.govt.nz/act/public/2007/0036/latest/whole.html New Zealand Epidemic Preparedness Wills Act - http://www.legislation.govt.nz/regulation/public/2020/0065/latest/whole.htmlFollow latest research- https://www.port.ac.uk/research Solve Magazine- port.ac.uk/solve https://www.port.ac.uk/news-events-and-blogs/magazines/solve-magazine Portsmouth Social Media Links-Facebook - facebook.com/universityofportsmouthInstagram -

In this introductory episode on Probate & Wills, Probate Barrister Lydia Pemberton and Hatti Suvari discuss the various points around this area of Law, explaining what is meant by a Probate, what happens to an inheritance if a person dies and they do not leave a Will, as well as what happens when a person has dies and they have left a Will, the role that you would have as either the Executor or the Administrator of a Will, and what is meant by a Contested Probate. A great introductory discussion in to this vast area of Law.#Wills #probate #makingawill #legalassistance #contestedprobate #probate #inheritence #executor #jointwills #administrator

I'm going to share my top 10 tips as to creating a will to protect you and your family. Now, there's lots of concerns and worries about making wills, and in actual fact, it's quite simple and straightforward. You will learn: What exactly is a will? What do executors do? What is Power of Attorney? The 4 different ways to create a will Why you need a will Who needs a will Important things to include in your will (including some you might not think of!) Resources: Join The Money Circle membership Join the next FREE Plug Your Money Leaks Challenge Book in a complimentary call to discuss how financial coaching can help you move from financial overwhelm to confidence and control.  Join Catherine’s Facebook Page and FREE Facebook Group My Website  My Online Courses – Investing for beginners from £1 My YouTube Channel  Connect with me on Twitter, Instagram and Facebook  Intestacy rules Will Aid

This week, we focus on what happens when a person dies without a will. This is basically known as "Intestacy". We tell you about the formula for the distribution of properties in the absence of the will and many more. Remember, nothing said here is to be taken as legal advice. This podcast is primarily for purposes of legal education.

Special Edition Podcast: Heirs' Property

The majority of the UK have not made a Will, which seems a tad bizarre as we are all going to die at some point, we just don't know when! We explore with Natalie Chapman, legal expert for Trusted- Wills, what happens if you die without a Will and what steps we all need to take to protect our loved ones. Promise it is not morbid!

The majority of the UK have not made a Will, which seems a tad bizarre as we are all going to die at some point, we just don't know when! We explore with Natalie Chapman, legal expert for Trusted- Wills, what happens if you die without a Will and what steps we all need to take to protect our loved ones. Promise it is not morbid!

On this week's show, The Wise Investor Group discussed the 6 ways to pass on assets at death: Will, Titling, Beneficiary Designation, TOD/POD, Trust, and Intestacy. Discussed coordination of Titling, Wills/Trusts, and Beneficiary designations including issues that arise from misunderstanding the interplay of these concepts. Additionally, talked about incorrect beneficiaries designations and negative outcomes as well as specific issues surrounding blended families/second marriages. Join The Wise Investor Group each week as they provide current market commentary and delve into timely investment topics. To reach Matt Anderson, call 571-203-1600. We manage investments for our clients. We'd be happy to help you plan your investment goals.

Bryan and Brian talk about the importance of estate planning and what it can mean if you fail to plan and your estate is subject to the courts. There were also several callers with specific estate planning questions that Bryan was able to answer.

Have you ever considered writing your own will? You may think, "I know what I want – how hard can it be?" Unfortunately, with DIY estate planning, you really do "get what you pay for." Heather Walser addresses the topic of estate planning and why using an estate planning attorney may save you time and treasure in the end.

This week's show looks at how a proposed mansion tax may work and who would be affected, plus how behavioural psychology can aid investors, and how inheritance laws are changing where there is no will See acast.com/privacy for privacy and opt-out information.

Everyone’s estate planning needs are different, but everyone needs an estate plan.  Estate planning does not only involve putting together a will which leave gifts to friends and family upon your death.  An equally important component of completing an estate plan is creating powers of attorney that name individuals to make financial and medical decision on your behalf while you are alive but unable to act.  A comprehensive and appropriate estate plan ensures that your wishes are followed during life and after death.  This podcast with Estate Planning attorney Brian Warens of Lavelle Law will explain the importance of a well rounded estate plan and how to use one properly.

For over 100 years, from 1796 to 1903, the Inland Revenue maintained a series of registers recording the payments of death duties. These registers are now held by The National Archives and represent one of family history's best kept secrets. This talk looks at the surviving records in detail and explains how they can be used to uncover some fascinating facts about the lives and times of our 19th century ancestors. Dave Annal worked for The National Archives for ten years, at the Family Records Centre and at Kew. He now runs Lifelines Research. Dave is the author of a several family history books, notably the second edition of his bestselling beginners' guide Easy Family History. He is a resident expert on Your Family History magazine and regular speaker on the family history circuit.

During Hull on Estates Episode #50, Sean Graham and Paul Trudelle discuss the rectification of an erroneous Will. Sean and Paul also cover the importance of detailed documentation such as Solicitor's notes and prior Wills, as well as Intestacy and Knowledge and Approval of the Will.