When an individual passes away, their estate may have to pay estate taxes if the gross estate exceeds the applicable exemption amount in effect in the year of the decedent’s death. This year, that exemption amount is $5.25 million.
Ademption is a legal term that means that there is no gift or property left to give. Continue reading to find out more information.
A spousal property set aside is a simplified procedure to clear title to a property passing from a decedent to a surviving spouse. It is applicable to community property and separate property of the decedent and is used in cases where the surviving spouse desires to clear marketable title to the property and to determine the value of the property so as to establish the surviving spouse’s liability to creditors. Such a petition can only be filed by the surviving spouse (or registered domestic partner) and it is not available for property that is willed to someone other than the spouse.
When a personal representative of an estate is undertaking an action pertaining to the estate that he feels may result in personal liability to him if the outcome is not as planned, the personal representative may file a Petition for Instructions from the court seeking approval for his actions.
If you have a letter of wishes left along with other documents how do you administer that estate? These questions arise often and we can help!
