di i have to have an attorney from the same city as where my parents estate is

Do I need a lawyer to handle an estate?

If the estate that you're handling and doesn't contain unusual assets and isn't too large, you may be able to get by just fine without a lawyer's help. To determine whether or not you may be able to go it alone, ask yourself the questions below.

Do my parents have an estate plan in place?

It is likely that your parents have some sort of estate plan in place, such as a will or trust, but what good is it if no one knows where it is or who the attorney was that prepared the documents? It is common for one spouse to take on the primary financial responsibilities in the household.

Do you have to go to probate court to transfer property?

Most or all of the deceased person's property can be transferred without probate. The best-case scenario is that you don't need to go to probate court, because assets can be transferred without it. This depends on the planning the deceased person did before death—you can't affect it now.

How do I choose the best estate planning attorney?

Trust your instinct to determine if a particular estate-planning attorney is right for you. Estate planning can be complex, both emotionally and legally, so it's imperative to choose an attorney who can deftly handle all of its elements. Investopedia requires writers to use primary sources to support their work.

How many states impose estate taxes?

Close to 20 states impose their own estate taxes, and many of them tax estates that are valued at $1 million or larger.

What is the first step to take when you wind up an estate?

If you read the conventional advice for executors, the first step is usually "hire a lawyer. ". And you may well decide, as you wind up an estate, that you want legal advice from an experience lawyer who's familiar with both state law and how the local probate court works. Not all executors, however, need to turn a probate court proceeding ...

Can assets be transferred without probate?

Ideally, all assets can be transferred to their new owners without probate court. Some common examples of assets that don't need to go through probate are assets are held in joint tenancy, survivorship community property, or tenancy by the entirety. Assets held in a living trust can bypass probate, too.

Can you wrap up an estate alone?

(If you don't know the answers, ask a lawyer—before you agree to hire the lawyer to handle things for you.) The more questions you answer with a "yes," the more likely it is that you can wrap up the estate without a professional at your side.

Is probate a UPC?

If the state where the deceased person lived has adopted a set of laws called the Uniform Probate Code, probate should be pretty straightforward. In UPC states , most probates are conducted with minimal court supervision. A few other states have simplified their procedures without adopting the UPC.

What is a real estate attorney?

A real estate attorney is someone who is licensed to practice real estate law, meaning they have the knowledge and experience to advise parties involved in a real estate transaction, such as a home sale.

Why do you need an attorney for a home purchase?

Here are a few reasons you might need or want an attorney to be part of your home buying team: State or lender requirement: Every state has slightly different laws regarding real estate transactions, and some states consider certain actions that are part of the process to be “practicing law.”. These regulations are often meant to prevent real ...

Who is in charge of closing a home?

In some cases, a real estate attorney is also the person who’ll be in charge of your closing. In a home purchase transaction, both the buyer and seller can hire an attorney to represent their interests during the process. Or, in the case where an attorney is overseeing a closing where the home is being purchased with a mortgage loan, ...

Is it legal to buy a home?

Buying a home isn’t just a simple purchase; it’s also a legal transfer of a property from one entity to another. Because the legal side of this transaction can be so complex, sometimes it makes sense (or is even required) for home buyers or sellers to enlist an attorney who can look out for their best interests.

Do you have to have an attorney at closing?

If your mortgage lender requires an attorney to be present at closing, whether the buyer or seller covers the cost of the closing attorney will depend on how your contract was negotiated. If you want your own attorney in addition to the one required by your lender, you’ll also pay for any services they provide you.

Who is the executor of your parents estate?

This person is responsible for carrying out their wishes as set forth in their will. Often, parents will name a family member (usu ally an adult child) as the executor of their estate.

What happens if your parents still live in their home?

If your parents still live in their home or have real property like antiques, real estate, cars, etc, remember these assets will ultimately need to be distributed or disposed of. This may be a difficult conversation depending on your family dynamic.

Why is it difficult to be the executor of an estate?

First, it is a lot of work to be the executor of an estate and sadly, a really thankless job. All of the planning arrangements and financial responsibilities of the estate fall on the executor, who may already be dealing with challenges in their own life.

What happens if an account is only in the name of one spouse?

If an account is only in the name of one spouse, it may be difficult for the surviving spouse to meet their financial obligations while the estate is being settled and especially if the assets are subject to probate.

Can you name an independent executor?

When possible, it may be best to suggest naming an independent third party executor instead. In any case, since the executor is going to be in charge of the estate, it is very important to know who that individual is – especially if it’s you.

Can you speak to your parents without a proxy?

Further, without a healthcare proxy, doctors may be unable to speak with you about your parents’ condition and you may not have any legal standing to advise about your mom or dad’s specific wishes, assuming you knew what their wishes might be.

Can one spouse take on the financial responsibilities of the household?

It is common for one spouse to take on the primary financial responsibilities in the household. Unfortunately, details regarding family finances, accounts, and estate planning documents aren’t always communicated. As you’re asking these questions, make sure both of your parents are there so everyone is on the same page.

How much is the federal estate tax exemption?

The federal estate tax exemption is currently set at $11.18 million. If your estate is larger than that amount, you'll owe estate taxes. Many states have estate taxes as well, so be sure to check your own state's laws so you know if you'll owe the state.

What happens to a trust after death?

After your death, the trust distributes the assets to your beneficiaries. A living trust is created with a trust document or instrument. You may be able to create this yourself, but it makes sense to work with an attorney to create your trust in some situations.

How to create a living trust?

A living trust document must contain the following items to be valid: 1 Your name as the grantor of the trust 2 The name of the trustee who will manage the trust 3 The name of the successor trustee who will manage the trust should the trustee die 4 The names of your beneficiaries 5 How the assets are to be distributed to the beneficiaries

Do you need to file a trust with the state?

The names of your beneficiaries. How the assets are to be distributed to the beneficiaries. A trust document doesn't need to be filed with the state. As soon as it's completed and executed according to your state laws, it is valid and in effect.

Is life insurance subject to estate tax?

Life insurance is subject to estate tax. If you have large amounts of life insurance, there's a special trust that can be set up to keep the funds from being hit by estate tax. An attorney can create this special trust for you. You need help transferring assets.

Can you transfer assets into a trust?

You need help transferring assets. If you aren't sure how to legally transfer your assets into the trust, a will and trust attorney can help you do it correctly so that your trust can go into effect. A living trust is an excellent way to manage your assets during your life and ensure they are distributed to your beneficiaries after your death ...

How can estate attorneys help with dementia?

Estate attorneys should help clients fiscally prepare for the possibility of disability or dementia by drawing up powers of attorney , healthcare directives, and living wills .

What are the things to consider when planning an estate?

When building an estate plan, you may have a variety of concerns, including the following: Maintaining an orderly administration of assets while you are living. Ensuring that your heirs and loved ones receive your assets. Helping to reduce or avoid conflicts and confusion.

Why is it important to have an estate plan?

It's important to have a solid estate plan in place to ensure that your loved ones receive your assets without a hassle or undue delay after your death. There are many questions you should ask prospective estate-planning attorneys before hiring one to craft your estate plan. Above all, make sure you hire an attorney who demonstrates ...

How to build an estate plan?

When building an estate plan, you may have a variety of concerns, including the following: 1 Maintaining an orderly administration of assets while you are living 2 Managing estate assets flexibly while you are living 3 Reviewing estates involving tenants in common or community property 4 Considering assets in multiple states 5 Examining small business assets 6 Naming your children’s legal guardian 7 Ensuring that your heirs and loved ones receive your assets 8 Helping to reduce or avoid conflicts and confusion 9 Minimizing legal expenses and taxes 10 Assessing wealth preservation

Is an estate attorney a tax advisor?

While an estate attorney's expertise may overlap with these fields, they may not be a general tax expert or investment advisor. Give yourself enough time to gain a broader, big-picture perspective on your estate plan and the logistical practicalities of implementing it.

Can a lawyer draw up a will?

Although any lawyer can draw up a simple will for straightforward situations, such as naming the beneficiary of one's 401 (k), seasoned trust-and-estate lawyers can help navigate more complicated situations involving several trusts and multiple heirs. 1:21.

Do lawyers draw up trusts?

Some lawyers merely draw up estate-planning documents, while others also execute the associated trusts. It's generally more efficient to retain a lawyer in the latter category, who can ensure that the correct assets are transferred into the trust.

What are the qualifications to be an attorney in fact?

There are no special qualifications necessary for someone to act as an attorney-in-fact except that the person must not be a minor or otherwise incapacitated. The best choice is someone you trust. Integrity, not financial acumen, is often the most important trait of a potential agent.

What to do if you are called upon to take action as someone's agent?

If you are ever called upon to take action as someone’s agent, you should consult with an attorney about actions you can and cannot take and whether there are any precautionary steps you should take to minimize the likelihood of someone challenging your actions.

What is the power of attorney in fact?

Generally, the law of the state in which you reside at the time you sign a power of attorney will govern the powers and actions of your agent under that document.

How long does a power of attorney last?

Today, most states permit a "durable" power of attorney that remains valid once signed until you die or revoke the document.

Why do you need a power of attorney?

Another important reason to use power of attorney is to prepare for situations when you may not be able to act on your own behalf due to absence or incapacity. Such a disability may be temporary, for example, due to travel, accident, or illness, or it may be permanent.

Why is a power of attorney important?

A power of attorney allows you to choose who will act for you and defines his or her authority and its limits, if any.

What is a springing power of attorney?

The power may take effect immediately, or only upon the occurrence of a future event, usually a determination that you are unable to act for yourself due to mental or physical disability. The latter is called a "springing" power of attorney.

Should I sell my jewelry to collectors or dealers?

Selling to dealers rather than collectors. Most people consider selling first to dealers, but remember this: A jeweler will pay less for your jewelry than an ordinary consumer who just loves it. A jeweler wants to make a profit; a consumer just wants that lovely piece you have.

Does an estate include debt?

We’ve gone over the profitable elements of an estate. But remember, an estate includes debts as well. According to the Federal Trade Commission, in the U.S., family members of the deceased are not responsible for paying the deceased’s debts. (That’s in most cases.) Debts should be paid from the deceased’s estate.

Jennifer A. Deland

It depends on what you might need the paperwork to prove. If everything has been distributed, and there is no dispute among the heirs, I would say you can feel safe in disposing of old bills and checks.

Michael S. Haber

I agree in all respects with the response from James Brian Thomas, Esq. In most cases, there probably is no need to wait longer than six years after you closed the estate. I say six years because in most states the limitations periods for suing is not longer...

E. Alexandra Golden

If you're the same person who asked the question about the brother who won't get out of the beach house, I wouldn't get rid of a thing, because you may or may NOT have finished your job. It sounds like you have potential liability for failure to promptly dispose of a major asset of the estate.

James Brian Thomas

It depends on when you finished administering their estates.

What states have a wait period for weddings?

The following states have wait periods: 1 day wait period: Delaware, Illinois, South Carolina. 2 day wait period: Maryland, New York.

What happens if you don't file your marriage certificate?

If they don't do, it doesn't invalidate or nullify your marriage; it just may make it harder to document your marriage.

How long does it take to get a marriage license?

Most states require a small fee, and receiving your marriage license usually takes a few days. Typically, your marriage license will expire 30 days after it is issued. If this happens, don't panic; you can apply for a new one.

When do you get your marriage certificate?

Generally, a few weeks after your wedding, you will receive your marriage certificate in the mail.

What does it mean when someone can't understand what it means to be married?

If either person can't or doesn't understand what it means to be married because of mental illness, drugs or alcohol, or other issues that affect judgment , then that person lacks the mental capacity to consent to the marriage. Unrelated: The two people can't be blood relatives.

Can first cousins marry?

Many states allow first cousins to marry if they are of an elderly age and no longer able to conceive. Gender: Same-sex marriage became legal in all 50 states immediately after the U.S. Supreme Court's landmark Obergefell v. Hodges ruling in 2015. Prior to that ruling, same-sex marriage was left mostly to state law.

Do you need a copy of a marriage certificate?

The married couple will then receive a certified copy of the marriage certificate. Most states require both spouses, the officiant, and one or two witnesses, to sign the marriage certificate. This is often done just after the ceremony.