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    Will, Wills, Lawyer, Attorney, Law - FindLaw
  • Find Will, Wills, Lawyer, Attorney, Law - FindLaw legal information and ... Understanding Intestacy: If You Die Without an Estate Plan. See also: Living Wills ...
  • http://estate.findlaw.com/estate-planning/wills/
Questions/Answers
What is the difference betweenwills and estate trusts?
I also see that there is software you can buy to make your own will or estate trust. Is this advisable or should you have it done by an attorney?
A will distributes estate assets only after death. A trust designates distribution of assets prior to death, and puts the assets into Trust to be managed by a Trustee until the death of the Grantor/Settlor. The grantor no longer owns the trust property, the Trust does, but he/she can designate use of the assets until he/she dies. A trust protects the property from someone trying to sue or garnish the Grantor's property because he/she does not own it in title - the Trust owns it; it is no longer in his/her name. Most trusts allow the Grantor the beneficial use of assets until he/she dies like use of the house, vehicles, land, etc. It is protection and designation of beneficiary distribution before the Grantor dies. A trust can be revocable - disolved at the wish of the Grantor and property returned to the Grantor, or Irrevocable - permanent distribution to the Trust for protection or safe keeping and for beneficiaries after death of the Grantor.
estate & wills?
how to change a mortgage over from a deceased person to the person the house was left to.
You cannot. The only way it happens is if the loan is "assumable". You need to contact the mortgage company or have the executor contact them and find out if indeed the loan can be assumed. Otherwise the heir will have to finance a mortgage in their name and pay off the decedent's mortgage.
is there anyone out there thatis a estate lawer and dealswith wills and trusts?
my two uncles and i inherited a third each of my grandmothers estate when she died. my one uncle and i are selling my grandmothers home to my other uncle at below fair market price for $455,000. does he get a third of that money and the home or does my other uncle and i split the $455,000 and we just sign the deed of the house over to him and he owns the house with no mortgage? i am still very confused on how this is going to work.
You can do it any way you want. I recommend you sell uncle#1 your 1/3 share and uncle #2 does the same thing. Have it quitclaim deeded to uncle #1. A non-recommended way is to just sell it for like $680K and he takes back his 225K at closing. GET YOU OWN LAWYER! Do not trust either uncles lawyer.
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