Getting Comfortable With Estate Planning Terminology
Two ElderLawAnswers member attorneys offer concise definitions of common estate planning terms.
Read moreWills contain important information about who receives money, possessions, and property upon a person’s death. Who can view this information, and is it a public record?
Once your will goes through probate, it becomes a public record. The probate court must maintain the will so that the public can access it.
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Anyone can visit the probate court to view the will, regardless of whether they are an heir or beneficiary. For a fee, they can obtain a copy. In some counties, wills are also available online.
Numerous individuals could have a right to receive assets from an estate when someone dies. During probate, the deceased’s personal representative, also known as an executor, satisfies debts and distributes assets to beneficiaries.
Sometimes, the probate process overlooks creditors or beneficiaries entitled to a portion of the estate. When this happens, they can bring claims against the estate. They must bring claims within the applicable time limit or statute of limitations, which depends on state law. Public access to wills makes bringing claims easier for those with a right to an estate.
Before probate, wills are not yet public records. Individuals often create several wills in their lifetimes as they update their plans; only the final will becomes a public record. In many cases, their estate planning attorney retains the will, or they keep it in a secure location. They might share copies with their loved ones.
The law does not require wills to be public records during the lifetime of the testator (the person making the will). Some jurisdictions allow people to file their wills with the court, yet this practice is uncommon.
When the will becomes public depends on the deceased person’s jurisdiction. To validate a will and begin the process of asset distribution, the personal representative petitions the probate court. In some states, the will and other probate records could be public while the court probates the estate. For many other states, however, the will becomes a public record after the court closes probate.
Probate courts have the power to make wills private. However, this only happens in rare cases under specific circumstances. If a will underwent probate, it is likely a public record available through the court that probated it.
Talking to your loved ones about where they keep their wills and other estate planning documents is a good idea. Yet, many people are unsure whether their loved one made a will before passing away.
You can find out whether someone has a will by:
If you are an heir, beneficiary, or creditor to an estate, you might be interested in locating the will.
Since wills become public records after probate, you could find the will by identifying the court that administered probate. If probate has already occurred, this process may be straightforward.
Locating a will can be more challenging when probate has yet to occur. Your loved one might have left their will in a secure location. Check safety deposit boxes. Their attorney might have a copy of the will.
The personal representative must notify you if you are an heir or beneficiary to an estate. The executor must also provide the location of the court overseeing probate. Heirs and beneficiaries are generally entitled to a copy of the will.
Some people might wish to transfer their assets privately. To do this, they can set up a more complex estate plan using trusts. Trusts are generally not part of the public record.
An effective estate plan often consists of more than a will. Consult with an estate planning attorney in your area to learn more about making an estate plan.
Two ElderLawAnswers member attorneys offer concise definitions of common estate planning terms.
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Read moreIn addition to nursing home care, Medicaid may cover home care and some care in an assisted living facility. Coverage in your state may depend on waivers of federal rules.
READ MORETo be eligible for Medicaid long-term care, recipients must have limited incomes and no more than $2,000 (in most states). Special rules apply for the home and other assets.
READ MORESpouses of Medicaid nursing home residents have special protections to keep them from becoming impoverished.
READ MOREIn addition to nursing home care, Medicaid may cover home care and some care in an assisted living facility. Coverage in your state may depend on waivers of federal rules.
READ MORETo be eligible for Medicaid long-term care, recipients must have limited incomes and no more than $2,000 (in most states). Special rules apply for the home and other assets.
READ MORESpouses of Medicaid nursing home residents have special protections to keep them from becoming impoverished.
READ MORECareful planning for potentially devastating long-term care costs can help protect your estate, whether for your spouse or for your children.
READ MOREIf steps aren't taken to protect the Medicaid recipient's house from the state’s attempts to recover benefits paid, the house may need to be sold.
READ MOREThere are ways to handle excess income or assets and still qualify for Medicaid long-term care, and programs that deliver care at home rather than in a nursing home.
READ MORECareful planning for potentially devastating long-term care costs can help protect your estate, whether for your spouse or for your children.
READ MOREIf steps aren't taken to protect the Medicaid recipient's house from the state’s attempts to recover benefits paid, the house may need to be sold.
READ MOREThere are ways to handle excess income or assets and still qualify for Medicaid long-term care, and programs that deliver care at home rather than in a nursing home.
READ MOREMost states have laws on the books making adult children responsible if their parents can't afford to take care of themselves.
READ MOREApplying for Medicaid is a highly technical and complex process, and bad advice can actually make it more difficult to qualify for benefits.
READ MOREMedicare's coverage of nursing home care is quite limited. For those who can afford it and who can qualify for coverage, long-term care insurance is the best alternative to Medicaid.
READ MOREMost states have laws on the books making adult children responsible if their parents can't afford to take care of themselves.
READ MOREApplying for Medicaid is a highly technical and complex process, and bad advice can actually make it more difficult to qualify for benefits.
READ MOREMedicare's coverage of nursing home care is quite limited. For those who can afford it and who can qualify for coverage, long-term care insurance is the best alternative to Medicaid.
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READ MOREDistinguish the key concepts in estate planning, including the will, the trust, probate, the power of attorney, and how to avoid estate taxes.
READ MORELearn about grandparents’ visitation rights and how to avoid tax and public benefit issues when making gifts to grandchildren.
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