Ben Hopf

Per Stirpes vs. Per Capita in Wills & Estates — Context + Advice

Per Stirpes refers to when a deceased beneficiary's share is split between their heirs, and Per Capita refers to that split going to the remaining beneficiaries instead.

Executor vs. Trustee — Key Differences & Useful Context

Executor and trustees are often talked about in the same financial conversations, but what are the specific differences between the two?

How Much Does Probate Cost? Who Pays + How to Save

If probate takes over a year... how much does it all cost? Here's what you need to know.

What To Do When Someone Dies: The 2024 Checklist

Losing a loved one can be incredibly difficult, both emotionally and logistically. Here is the definitive guide and checklist outlining all of the important things that need to be considered following the loss of a loved one in 2024.

Powers of a Trustee

For a trustee to effectively manage and steward trust assets, a trust document should include appropriate language granting a trustee a few essential trustee powers. Some powers of a trustee are implied, while others must be granted in writing.

What is an executor

The executor of a will, or executor of an estate, is the formal estate planning term given to the individual responsible for settling the financial and legal affairs after an individual dies.

What to Wear to a Funeral

Figuring out what to wear to a funeral is a positive step, as appropriate attire is a wonderful gesture of respect to the bereaved. This guide will show women, men and kids what's acceptable, what's not and what to wear to all burial ceremonies.

Is filing for an estate EIN necessary for probate?

Commonly, filing for an estate EIN is one of the first responsibilities of an executor. An estate EIN is the tax ID number setup for a loved one's estate after their death and serves to track the financial activities related to a decedent's estate.

How to Close a Delta Air Lines SkyMiles Account

How to close a Delta Air Lines SkyMiles account after death of an account owner, plus helpful tips around the policies and support process for assisting surviving family members, heirs & beneficiaries with transferring unused rewards to one's estate.

How to Close an American Airlines Account

How to close an American Airlines account after the death of an account owner, plus helpful tips around the policies and support process for assisting surviving family members, heirs, & beneficiaries with transferring unused rewards to one's estate.

Ultimate Guide to Cancel Airline Accounts and Travel Rewards

Transferring unused airline or travel reward miles can be an overlooked or forgotten step in the estate settlement process. Atticus has the following Ultimate Guide with instructions and tips on how to transfer miles and close accounts in 2020.

Pro se

Pro se refers to a person representing themselves in a legal matter, in the context of probate and estate settlement, it means that the executor is handling the legal and administrative tasks of settling the estate without the assistance of a lawyer. The executor will be responsible for understanding and following all of the legal requirements in their state, and they will also be personally liable for any mistakes they make. Serving in a pro se manner can be a cost-effective option, as probate attorneys can be expensive, but it can also be a challenging task, as probate law can be complex and time-consuming. It is important for the executor to be aware of the potential risks and challenges involved, have a good understanding of the probate process, and be prepared to invest the time and effort required to handle the administrative tasks.

Nuncupative Will

Nuncupative wills are verbal or oral wills that must be spoken to in front of witnesses. They are rare and only a few states recognize them today.

Probate

Probate is the formal, court-supervised process of carrying out one's last wishes by way of validating their last will & testament (if any), resolving any outstanding debts or taxes, and distributing any remaining assets to rightful heirs. Because probate is a legal process, the rules and procedures vary regionally based on local laws & established practices.

Estate Settlement

Estate settlement is the process of settling an individual’s affairs and closing the estate when the individual passes away.

Uniform Trust Decanting Act (UTDA)

Executor

An executor is the person legally responsible for validating the will and administering the estate of a deceased individual by ensuring rightful heirs receive any inheritance timely and fairly. An executor is generally named within one's last will & testament &/or formally appointed by the probate court.

Probate Court

The term probate court is a common term loosely referring to the probate division located within a state or county courthouse. The formal court overseeing Probate matters varies by jurisdiction such as the Superior Court, Surrogate Court, Civil Court, District Court, Circuit Court or Chancery Court.

Estate

An estate is everything, both tangible and in-tangible, that someone leaves behind.

Probate Clerk

A probate clerk, or probate clerk of court, is an official of the courthouse who is professionally trained to serve the public on matters related to the probate and estate settlement process.