Naming Secondary Beneficiaries

Secondary or contingent beneficiaries are those who will inherit assets if the primary beneficiary is no longer able to inherit, generally because they died before or simultaneously with, the estate’s grantor. A secondary beneficiary can be an individual or an entity. For example, the primary beneficiaries of an estate can be the children of the…

Who Handles an Estate Sale?

Driving down the road you see the sign, “Estate sale” and turn in. You’re greeted at a house with a jumble of items, a yard sale but with far better treasures all being sold off by a family who just doesn’t have any more space. Elvis records mixed in with Chopin, delightfully dated furniture needing…

How an Estate Handles End-of-Life Bills

Few people plan and expect to pass away and even those that know it’s imminent leave behind the final set of bills covering their care, utilities, and other expenses. These final bills, along with funeral expenses, fall to the personal representative to handle. Estate Accounting The first step for most estates is to make an…

Estates and Common Law Marriage

Utah is one of a handful of states that still allows couples to petition the court to recognize them as married even though they never had a ceremony or obtained a marriage license. This requires a showing that the parties were of an age to consent, that the lived together, that they treated each other…

Death Overseas

Few people plan to die, especially not when they are overseas away from their homes and families. Sadly, from time to time, this occurs and the person’s family is left to sort out the pieces. For U.S. citizens, the Bureau of Consular Affairs helps assist with the process, though they do not provide funds to…

Famous Estates & Their Lawsuits

If you think celebrities are immune from estate battles, think again. While the world mourns when a famous singer or talented actress dies and shares clips and soundbites of their best hits, their families and heirs start the process of dividing up their existing assets and ongoing royalty stream. Many of the problems they face…

Common Causes of Probate Litigation

Dealing with an estate can bring out the worst in a family. They are already dealing with the grief of loss and existing family complications, but when you add an estate into the mix, especially one with money, relationships often deteriorate. Writing Out a Child When considering your estate and heirs, you have the absolute…

What is Intestate Succession?

Intestate succession is what happens to your estate if you die without leaving a will behind, which happens surprisingly often. The laws of intestate succession vary state to state, but they all give a string of individuals to whom the court will try and pass your assets. A long-running mystery series, The Cat Who…, featured…

Handling a Wrongful Death Action

No one wants to lose a loved one and especially to an accident. Sadly, personal injury is occasionally intertwined with estate work when the deceased person passed away as a result of the mistaken actions of another. In these situations, the estate and the personal representative are involved in the personal injury action as they…