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Choosing an executor is a big decision when it comes to estate planning. So, what should I know about being an executor? What should I consider before naming an executor? Here are answers to three common questions about executors.

A testamentary trust allows a testator to manage wealth by giving a trustee instructions for distributing their property after the trustee’s death. A testamentary trust is a part of the testator’s last will and testament.

Estrangement refers to a breakdown in a relationship, such as a relationship with a spouse or family member, where there is no longer any communication, or communication has become hostile, and the individuals lead separate lives. Although estrangement can significantly impact individuals’ lives, it is not a legal term and, in many cases, might not have a legal effect.

Many people delay the conversation or thoughts of having to prepare a will. Confronting the possibility of one’s death is not easy. However, as the recent death of Anne Heche shows us, not having a will can place a significant burden on your children and cause undesirable complications. Even if difficult, planning ahead may be a better solution than the alternative.

Saying that there has been "undue influence" is often used as a reason to contest a will or estate plan, but what does it mean?

Unfortunately, not all families get along. If you are having problems with one of your children, you may not want them to benefit from your estate. There are several strategies for dealing with an estranged child in your estate plan.

People create an estate plan including, at least, a will, and then move to another state.  They want to know if their existing wills are still valid the new state.  The answer is a qualified "yes, sort of." 

While you aren't technically required to hire a lawyer to draft a will, failing to do so can lead to costly problems for your family and other heirs.

Marriage is supposed to be “until death do us part,” but after one spouse dies, is it possible for a court to declare a marriage invalid (annulled)? It can be happen, as a Nebraska widower recently learned, but only in certain circumstances. 

As life circumstances change (births, marriages, divorces, and deaths), it may become necessary to make changes to your will.  If an estate plan is not kept up-to-date, it can become useless.  

While a will is one of the most important estate planning documents you can have, there are things that it won’t cover.

Millions of people are affected by dementia, and unfortunately many of them do not have all their estate planning affairs in order before the symptoms start. If you or a loved one has dementia, it may not be too late to sign a will or other documents, but certain criteria must be met to ensure that the signer is mentally competent.

While wills do not have expiration dates, certain changes can render them useless. When this happens, having an out-of-date will can be the same as having no will at all. It is important to review your will periodically to ensure it still does what you want. The following are five ways your will can become out-of-date:

Many movies and television shows have a scene where a family gathers around a big table after a relative has died to listen to the reading of the will. While this makes for a dramatic scene, one that may have been more common when literacy rates were lower, it doesn't usually happen this way in the modern world. There is no requirement that a will be read out loud to anyone. So what does happen with the will?

No parents want their children to fight among themselves after they are gone. Sadly, conflicts often arise, especially when a parent has gifted or loaned money to one child and not others. However, a few key words in your estate plan can minimize the potential for conflict.

If you don't have a will or trust, you have no control over how your estate is distributed.

When creating an estate plan, the main decision is how your assets will be distributed after you pass away. Understanding "per stirpes" and "per capita" distribution is key to that decision.  The terms "per stirpes" and "per capita" become important when your descendants include children and granchildren.

When creating an estate plan, the main decision is how your assets will be distributed after you pass away. Understanding "per stirpes" and "per capita" distribution is key to that decision.

While you aren't technically required to hire a lawyer to draft a will, failing to do so can lead to costly problems for your family and other heirs.

Legendary singer Aretha Franklin was thought to have died without a will, but the recent discovery of handwritten documents in her home is calling that into question. A representative of her estate has asked a Michigan probate court to determine if any of the documents could be considered a val...

Movies, television, and books like to present wills in dramatic ways--handwritten notes, videos, deathbed utterances--but what actually makes a will valid? The law varies depending on what state you live in, but there are some basic rules.  The legal requirements for a will are fairly simple. ...

The main purpose of a will is to direct where your assets will go after you die, but it can also be used to instruct your heirs how to pay your debts. While generally heirs cannot inherit debt, debt can reduce what they receive. Spelling out how debt should be paid can help your heirs.

A periodic review will also give you an idea of any changes that are necessary. A will is certainly something that should be completed. However, it isn't a document to put on the shelf and forgotten because as your life and government laws change, so should your will, according to The Item in...

If the legal documents aren't signed and notarized properly, there is a good chance that problems will arise. A properly prepared will could have avoided many of the problems faced by a woman who thought she was protected, according to News 2 in “The power of a will and trouble without one.” Ms....

How many people over the age of 45 do not have a prepared will? Two out of Five! Many people seem to have a difficulty getting started with an estate plan. However, it really doesn't take much to do the planning necessary to help family members who survive you, according to the Lebanon Democ...