Estate Law

holographic will

What is a Holographic Will?

What is a holographic will? A holographic will is a handwritten will signed exclusively by the individual making the will. State laws vary regarding the legality of holographic wills. Some states recognize holographic wills only from active members of the military. Other state probate courts require two witness signatures on a holographic will to confirm…

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Five Reasons You Should Have a Will

Do you know five reasons you should have a will? It may be uncomfortable to talk about your will. However, it is an essential conversation if you are married, have children, own a business, or possess any number of assets. Let’s explore some of the reasons why adults should have a will. 5 Reasons You…

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Power of Attorney

Can You Override a Power of Attorney?

Can you override a power of attorney? Medical and financial powers of attorney (POA) are incredibly powerful and versatile documents. They provide the POA holder, or agent, with the ability to make life-or-death decisions on behalf of the person who executed the POA. However, these powers aren’t without limits, and there are several situations in…

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Things You Need to Get Ready Before You Write Your Will

8 Things You Need to Get Ready Before You Write Your Will

What things do you need to get ready before you write your will? The estate planning process allows you to decide what will happen to your assets once you are gone. You may also plan for how to manage your debts and other obligations. If you have children, you can designate someone to serve as…

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Does All Property Have to Go Through Probate When Someone Dies?

Does All Property Have to Go Through Probate When Someone Dies?

Does all property have to go through probate when someone dies? During the estate planning process, you must decide how you would like your assets to be distributed after you die. Your last will and testament will name someone to act as your personal representative. The will may contain all of your instructions on what…

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Ward of the State

What Does it Mean to be a Ward of the State?

What does it mean to be a ward of the state? When an adult is unable to care for themselves due to disability or disease, someone else has to manage their affairs. This is often accomplished by appointing a guardian. When no family member is available to become the guardian, the adult who needs care…

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What is Permanent Guardianship of a Child?

What is Permanent Guardianship of a Child?

What is permanent guardianship of a child? When you obtain permanent guardianship of a child, you are requesting the creation of a permanent legal relationship between you, as the guardian, and the child. There are many U.S. courts that will allow permanent guardianship through the court process if it is deemed in the best interest…

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Which is Better? Power of Attorney or Guardianship?

Which is Better, Power of Attorney or Guardianship?

Which is better, power of attorney or guardianship? When you have a loved one who needs assistance making financial or medical decisions, you may find yourself wondering whether it is better to obtain a power of attorney or to seek a guardianship to help assist them with these matters. Which one will provide you with…

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Do I Need a Durable Power of Attorney If I Get Sick with COVID19?

Do I Need a Durable Power of Attorney If I Get Sick with COVID-19?

If COVID-19 strikes, would you need a power of attorney? With the COVID-19 pandemic, you may be wondering as to whether or not you have everything you need in order if you become ill. Unfortunately, it often takes extremes for many people to realize they may not have the proper protocols put in place in…

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What is the Difference Between Custody and Guardianship?

What is the Difference Between Custody and Guardianship?

Custody and guardianship both allow someone to care for a minor child. The main difference between the two is how they’re created. Keep reading to find out more. What is Custody? Custody is a family court order that allows someone to care for a minor child. One of the most common uses of custody is…

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