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A. Incapacity. As a general rule, each person has the authority to make decisions concerning himself or herself and no other person automatically has that authority. As long as a person has the capacity to make decisions, this rule for decision-making works. If a person becomes legally incapable of making decisions, however, the general rule does not work. In that case, authority to make decisions concerning the incapacitated person or his/her property must be transferred to another person.

Overview of Estate and Inheritance Tax Law.
Under current law U.S. citizens and residents must pay taxes to the federal government on transfer of property both during life and at death. These taxes are due under three separate tax systems: the estate tax, the generation-skipping transfer tax and the gift tax. Currently the top tax rate for all three taxes is 35%.

It is increasingly common today for parents to have concerns about one or more of their children’s money management skills and judgment. These concerns may arise from a variety of factors including substance abuse, gambling, a spouse that is perceived to be untrustworthy, and sometimes just plain run-of-the-mill immaturity. Regardless of the source of the concern, many parents desire to impose certain controls so that a child’s inheritance will not be squandered or mismanaged.

A. “Survivorship” Property Is Property That Passes to Another upon the Death of One of the Owners by Operation of Law Without the Need of Probate or Other Process.

1. Survivorship real property is most commonly found among husbands and wives who own property as tenants by the entirety (as husband and wife). Other arrangements may include certain types of joint tenancies which also have provisions for survivorship. When one party dies, the other automatically owns the property.

Every person who has money or owns property that will not be expended or disposed of during his or her lifetime has an estate. Estate planning is simply the process of deciding how such assets will be distributed now or after death. It includes taking steps to insure that decisions are carried out effectively and economically. These steps may involve titling assets, naming beneficiaries, and creating such documents as wills and trusts. In complex situations, more is involved.

Divorce can be one of the most stressful ordeals a person can experience. It has been compared to the death of a close family member, but in some ways, it is worse. The problems seem overwhelming. The interpersonal conflicts, the loss of control, the feelings of insecurity, both emotional and financial, and the process seems to go on and on and on. So how should a lawyer approach the divorce?

If you are seeking a divorce or to establish initial custody and parenting time, you generally do not have to bring anything to your first meeting, unless you were served with papers. If you were served with papers, bring those papers with you. At the conclusion of your initial meeting, your lawyer may give you a list of documents to locate and bring back. This may include common papers, like tax returns, recent pay stubs and statements from retirement plans.

When lawyers say they practice “family law,” they are telling you that they have a specialty in working with clients in all the legal aspects of family relations: generally the spousal relationship, the domestic partner relationship and the parent-child relationship. Family law for spousal relationships includes prenuptial agreements, separations, divorces and modification proceedings.