Succession Law

Probate is the legal process of administering the estate of a deceased person, including the identification and valuation of assets, the payment of debts and taxes, and the distribution of the remaining assets to the heirs or beneficiaries.

A will is a legal document that outlines a person's wishes for the distribution of their property after their death. It typically includes provisions for the appointment of an executor, the payment of debts and taxes, and the distribution of the remaining assets to the heirs or beneficiaries.

Intestacy is the legal term for the situation where a person dies without leaving a valid will. In this case, the distribution of the deceased person's property is determined by state law, which typically provides for a specific order of inheritance, such as to the surviving spouse, children, parents, and siblings.

Trust funding is the legal term for the process of transferring property to a trust during a person's lifetime. This can be done for a variety of reasons, such as to avoid probate, to provide for the management of assets during the person's lifetime, or to reduce estate taxes.

Escheat is the legal term for the process of transferring property to the state when there are no heirs or beneficiaries. This typically occurs when a person dies without leaving a valid will and has no surviving relatives.

An executor is a person who is appointed to administer the estate of a deceased person. The executor is responsible for carrying out the instructions in the will, including paying debts and taxes, distributing assets to the heirs or beneficiaries, and filing the necessary paperwork with the court.

A trustee is a person who is appointed to manage the assets of a trust. The trustee is responsible for investing the assets, distributing income to the beneficiaries, and carrying out the instructions in the trust document.

A guardian is a person who is appointed to care for a minor child or an incapacitated adult. The guardian is responsible for making decisions about the child's or adult's care, education, and finances.

An elective share is the legal term for the right of a surviving spouse to inherit a portion of the deceased spouse's estate. This right is typically provided by state law and varies from state to state.

Community property is the legal term for the right of a surviving spouse to inherit all of the deceased spouse's property. This right is typically provided by state law and is only available in community property states.

Intestate succession is the legal term for the right of a child to inherit a portion of their deceased parent's estate. This right is typically provided by state law and varies from state to state.

A pretermitted heir is a legal term for a child who is born after the death of their parent. This child is typically entitled to inherit a portion of their parent's estate, even if they are not mentioned in the will.

A disinherited heir is a legal term for a person who is disinherited from their family's estate. This can occur for a variety of reasons, such as estrangement from the family, a criminal conviction, or a failure to meet the terms of the will.

A contestant is a legal term for a person who challenges the validity of a will. This can occur for a variety of reasons, such as a belief that the will was forged, that the testator was not of sound mind, or that the will was procured through undue influence.

Litigation is the legal term for the process of settling a dispute over a will or estate. This can occur in a variety of ways, such as through a lawsuit, mediation, or arbitration.