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If a revocable living trust is used as a part of an estate plan, the key to probate avoidance is ensuring that the living trust is "funded" during the lifetime of the person establishing the trust. After executing a trust agreement, the settlor should ensure that all assets are properly re-registered in the name of the living trust.
The Funeral Rule defines and provides parameters in the following key subject areas: [2] Definition of a General Price List, or GPL; Specific disclosures must be provided in writing to the consumer regarding embalming, alternative containers for direct cremation, the basic service fee, the Casket Price List and the Outer Burial Container Price List
A pour-over clause in a will gives probate property to a trustee of the testator's separate trust and must be validated either under incorporation by reference by identifying the previously existing trust which the property will be poured into, or under the doctrine of acts of independent significance by referring to some act that has ...
Unlike a revocable beneficiary, who can be swapped out at any time by the policyholder, an irrevocable beneficiary has irreversible rights to the policy death benefit, adding an extra layer of ...
Black's Law Dictionary defines the rule against perpetuities as "[t]he common-law rule prohibiting a grant of an estate unless the interest must vest, if at all, no later than 21 years (plus a period of gestation to cover a posthumous birth) after the death of some person alive when the interest was created." [8]
Traditional burial practices can be a financial burden causing some to turn to green burials as a cheaper alternative. Some people view green burials as more meaningful, especially for those who have a connection to a piece of land, such as current residence or other places that hold meaning for them. [21]
Where a contract or term is voidable, the party entitled to avoid may either conditionally or unconditionally choose to affirm the contract or term as outlined in Article 3.2.9 of the Principles which states that "if the party entitled to avoid the contract expressly or impliedly confirms the contract after the period of time for giving notice ...
FBO is an abbreviation for the common term “for the benefit of” and it is often used in estate planning. In a trust, the term conveys ownership and value to the trustee. The FBO legal language ...