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Lapse and Mistake

Lapse and Mistake

One of the main purposes for making and leaving a will is to guide the administration of the estate of the testator--the person who made the will. A will should be written in...

Trust Apportionment

When a trustee receives a distribution, it can be difficult to determine whether he should pay it to the beneficiary or add it to the "corpus" (the trust property). Questions also can surface as to who is responsible for certain expenses that...

Revocable Living Trust

In many jurisdictions, trusts cannot be revoked unless the trustor expressly retains the right to revoke. Revocable living trusts allow a trustor to manage his assets, to plan for his incapacity, and to avoid probate. The beneficiary of the...

Wills - The Writing Requirement

Wills - The Writing Requirement

A written will is obviously required to be in writing. What the writing requirement really means is that the medium a will is written in must be sufficiently...

Trust Elements - A Settlor With Intent

Trust Elements - A Settlor With Intent

A trust has five main elements. First, a settlor transfers some or all of his or her property. Second, the property transferred by the settlor is designated...