In Trusts and Estates
What is Trusts and Estates?
Trusts and estates are, broadly speaking, about what happens to people's property when they die. This is a state law issue (as opposed to being governed by federal law), so the rules vary (sometimes greatly) from state to state, and the information provided here is only a general guideline. For more information on the main topics included within the subject of Trusts and Estates, please select a QuizLaw topic below.
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Basics
- What happens to a person's property when they die?
- What is estate administration?
- How is an estate administered?
- What property is not part of the estate?
- What is an inter vivos transfer?
- What is a gift in trust?
- What are future interests?
- What is tenancy in common?
- What is joint tenancy?
- What is tenancy by the entirety?
- What is community property?
- What is life insurance?
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Intestacy
- What is intestacy?
- What are intestacy statutes?
- What is right of representation distribution?
- What is per capita with representation distribution?
- What is per capita at each generation distribution?
- Who qualifies as children for the intestacy statutes?
- What is a survival period?
- How is an estate divided when the decedent's spouse is still alive?
- How is an estate divided when the decedent has children?
- How is an estate divided when the decedent's parents and siblings are still alive?
- How is the estate divided when there are no surviving spouses, children, parents or siblings?
- What is escheat?
- How do I know which state's laws to use?
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Wills
- What is a will?
- What is legal capacity?
- What is testamentary capacity?
- What is testamentary intent?
- What are will formalities?
- What happens if I get married after executing my will but I don’t change it?
- What happens if I get divorced after executing my will but I don’t change it?
- What happens if my will does not include one or more of my children?
- What happens if one of my intended heirs dies before me?
- What are anti-lapse statutes?
- What is cy pres?
- What types of wills are there?
- What is an attested will?
- What is a holographic will?
- What is a nuncupative will?
- What is a conditional will?
- What is a codicil?
- How can a will be revoked?
- How is a will revoked by law?
- How is a will physically revoked?
- How is a will revoked by a new will or codicil?
- Can a will be partially revoked?
- What is a revival?
- How can a will be challenged?
- Who can challenge a will?
- What are the reasons a will can be challenged?
- When can a will be challenged?
- Can a will be challenged because of insane delusions?
- Can a will be challenged because of undue influence?
- Can a will be challenged because of duress?
- Can a will be challenged because of fraud?
- Can a will be challenged because of mistake?
- What happens if a will is successfully challenged?
- How can I avoid having my will challenged?
- What is a testamentary gift?
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Trusts
- What is a trust?
- What is the purpose of a trust?
- What is a private trust?
- What is a charitable trust?
- What is an honorary trust?
- What is a mandatory trust?
- What is a discretionary trust?
- What is a support trust?
- What is an inter vivos trust?
- What is a testamentary trust?
- What is a constructive trust?
- How is a trust created?
- What is the difference between legal title and equitable title?
- What is a declaration of trust?
- What is a transfer in trust?
- Does a trust have to be written?
- What purposes can I create a trust for?
- What property can I include in a trust?
- What are the requirements for the person creating the trust (the settlor)?
- Are there different requirements for a charitable trust?
- What is a trustee of a trust?
- Who can serve as the trustee of a trust?
- Can there be more than one trustee of a trust?
- What are the trustee’s duties?
- What powers does the trustee have?
- What is the trustee’s duty of loyalty?
- How much discretion does the trustee have?
- Does a trustee get compensation?
- How can a trustee resign?
- What is a beneficiary of a trust?
- What are the requirements for a trust beneficiary?
- What is a disclaimer?
- Can a beneficiary transfer his or her interest in a trust?
- What is a spendthrift restriction?
- Can a trust be modified?
- How can a court modify a trust?
- What is a deviation?
- What is cy pres?
- How can the parties to a trust modify it?
- How can a trust be terminated?
- What happens if there is a dispute over a trust?
- State Probate Codes
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Trusts and Estates Definitions
- Trusts and Estates Definitions
- What is abatement?
- What is ademption?
- What is an administrator?
- What is an administratrix?
- What are anti-lapse statutes?
- What is an attested will?
- What is a beneficiary?
- What is a bequest?
- What is a charitable trust?
- What is a codicil?
- What is a conditional gift?
- What is a conditional will?
- What is a condition precedent?
- What is a condition subsequent?
- What is a constructive trust?
- What is cy pres?
- What is a decedent?
- What is a declaration of trust?
- What is a deviation?
- What is a devise?
- What is a disclaimer?
- What is a discretionary trust?
- What is a donor?
- What is escheat?
- What is estate administration?
- What is an executor?
- What is an executrix?
- What is a forced share?
- What are future interests?
- What is a general gift?
- What is a gift?
- What is an heir apparent?
- What is a holographic will?
- What is an honorary trust?
- What is an inter vivos transfer?
- What is an inter vivos trust?
- What is intestacy?
- What are intestacy statutes?
- What is joint tenancy?
- What is a joint tenant?
- What are letters of administration?
- What are letters testamentary?
- What is life insurance?
- What is a living trust?
- What is a mandatory trust?
- What is a merger?
- What is a nuncupative will?
- What is nonprobate property?
- What is per capita at each generation distribution?
- What is per capita with representation distribution?
- What is a personal representative?
- What is per stirpes?
- What is a pretermitted heir?
- What is a private trust?
- What is a probate estate?
- What is a public trust?
- What is a residuary gift?
- What is a settlor?
- What is right of representation distribution?
- What is satisfaction?
- What is a specific gift?
- What is a spendthrift restriction?
- What is a support trust?
- What is tenancy in common?
- What is a tenant in common?
- What is a testamentary gift?
- What is a testamentary trust?
- What is a transfer in trust?
- What is a trust?
- What is a trustee?
- What is a will?
- What is a will contest?