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Estate Planning

Trusts, Public and Private - I
An express trust is either public or private. A public trust, also known as a charitable trust, is an express trust created for a charitable purpose. If an express trust is not a charitable trust, it is deemed to be a private trust. A private trust is an express trust created to benefit a few persons. This article discusses some aspects of public and private trusts. More...
Resulting Trusts
Trusts are sometimes classified by the intent, if any, of the settlor to create a trust. This article discusses the kind of trust for which the settlor's intent is implied: the resulting trust. More...
Inheritance Without Planning Means No Provisions Beyond the Default Plan
When a person dies intestate (without making and leaving a will), each state provides a default plan (usually known as the statute of descent and distribution) under with his or her net estate is disposed. When a person dies intestate, there is no adding of provisions beyond the default plan. The default plan is only the default plan and nothing more. This article discusses the disadvantages of descent and distribution related to the inability to add provisions beyond the default plan. More...
Trust Apportionment
When a trustee receives a distribution, it can be difficult to determine whether he should pay it to the beneficiary or add it to the "corpus" (the trust property). More...
Handwritten and Oral Wills
Today, the standard method of making a will is the formal witnessed written will, sometimes called an attested will. However, today's formal witnessed will has roots in other methods of making a will. The first wills in medieval England were the oral wills recognized by church-related courts. Some states permit one or more of the historic methods of making a will. This article discusses handwritten and orals wills. Contact your lawyer to learn if these methods of will making are permitted in your state. More...

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