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The longer the probate process drags on, the more expensive it will be regarding probate costs. Probate is often a time-consuming process. A modest estate may take six to 24 months to settle.
A testamentary trust provides a way for assets devolving to minor children to be protected until the children are capable of fending for themselves; [3] A testamentary trust has low upfront costs, usually only the cost of preparing the will in such a way as to address the trust, and the fees involved in dealing with the judicial system during probate.
Naming your kids as beneficiaries could mean putting a significant amount of money into the hands of an 18-year-old — particularly a grieving one — or even someone younger.
These specific legacies are viewed by courts as unique and not able to be replaced with a lifetime gift of money or other property. [2] When the probate court determines that the doctrine applies to a lifetime gift made to a will beneficiary, the amount beneficiary's gift under the will is reduced by the amount the beneficiary has already received.
The court does this by granting letters of administration to the person so entitled. Grants of administration may be either general (where the deceased has died intestate) or limited. [1] The order in which the court will make general grants of letters follows the sequence: The surviving spouse, or civil partner, as the case may be; The next of ...
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After the testator has died, an application for probate may be made in a court with probate jurisdiction to determine the validity of the will or wills that the testator may have created, i.e., which will satisfy the legal requirements, and to appoint an executor. In most cases, during probate, at least one witness is called upon to testify or ...
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