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Differences Between Equitable Distribution and Community Property States
https://legiswiki.com/en/p/10023/differences-between-equitable-distribution-and-community-property-states
The key differences between equitable distribution and community property states lie in how marital assets and debts are divided during a divorce: Aspect Community Property States Equitable Distribution States Division of assets and debts acquired during marriage Considered jointly owned and...
What Happens to a Deceased Person's Share of Property if They Die Intestate in NC?
https://legiswiki.com/en/p/10158/what-happens-to-a-deceased-persons-share-of-property-if-they-die-intestate-in-nc
If a person dies intestate (without a will) in North Carolina, their share of property is distributed according to the state's intestate succession laws, which specify how the deceased's assets are divided among surviving relatives. Key points about what happens to a deceased person's share of prope...
Rights of Step-Parents in Inheritance and Property Ownership under NC Law
https://legiswiki.com/en/p/10149/rights-of-step-parents-in-inheritance-and-property-ownership-under-nc-law
Under North Carolina law, step-parents do not have automatic inheritance or property ownership rights with respect to their stepchildren or the stepchildren's biological parents unless certain legal steps are taken, primarily adoption. Key Points on Step-Parents' Rights in Inheritance and Property O...
Who Inherits Property When a Parent Dies Without a Will in North Carolina?
https://legiswiki.com/en/p/10151/who-inherits-property-when-a-parent-dies-without-a-will-in-north-carolina
When a parent dies without a will in North Carolina, their property is distributed according to the state's intestate succession laws, which prioritize the closest surviving relatives in a specific order. Key inheritance rules under North Carolina intestate succession include: If the deceased has...
Can a Step-Parent Charge Rent on Property Owned by a Deceased Family Member's Estate?
https://legiswiki.com/en/p/10153/can-a-step-parent-charge-rent-on-property-owned-by-a-deceased-family-members-estate
A step-parent generally cannot charge rent on property owned by a deceased family member's estate unless they have legal ownership or authority over the property. The right to collect rent depends primarily on who holds legal title to the property and the terms of any will, trust, or probate arrange...
Handling of Separate Property and Commingling Issues in Utah Divorces
https://legiswiki.com/en/p/10020/handling-of-separate-property-and-commingling-issues-in-utah-divorces
In Utah, property division during a divorce involves understanding the distinction between separate property and marital property, as well as the concept of commingling. Separate Property Definition: Separate property includes assets acquired before marriage, gifts, inheritance, and property exclu...
Distinction Between Marital and Separate Property in Utah
https://legiswiki.com/en/p/10016/distinction-between-marital-and-separate-property-in-utah
The distinction between marital property and separate property in Utah is fundamental to how assets and debts are divided in a divorce. Marital Property in Utah Definition: Marital property generally includes all assets and debts acquired during the marriage, regardless of whose name is on the titl...
Examples of Marital Property Subject to Equitable Distribution
https://legiswiki.com/en/p/10019/examples-of-marital-property-subject-to-equitable-distribution
Examples of marital property subject to equitable distribution include a wide range of assets and income acquired during the marriage, regardless of whose name is on the title or account. Common examples are: Real estate and personal property purchased during the marriage, such as the marital home,...
Estate Law
Estate law is a branch of property law that governs how a person's estate—meaning their total net worth including real property, personal possessions, financial assets, and intellectual property—is managed both during their lifetime and after their death.
Key aspects of estate law include:
- Estate Planning: Creating legal documents such as wills, trusts, and living wills to direct how assets and healthcare decisions should be handled if a person becomes incapacitated or dies.
- Estate Administration: The process of managing and distributing the deceased’s assets according to their will or state intestacy laws if no will exists. This is typically carried out by an executor or personal representative.
- Probate: The legal process overseen by a court to validate wills, settle debts, and distribute property to heirs and beneficiaries.
- Estate Taxes: Laws governing taxes on the transfer of property after death, including federal and state estate and gift taxes.
- Duties of Executors: Executors have legal obligations to carry out the deceased’s wishes as expressed in their will and to address any debts or claims against the estate.
Estate law is primarily governed by state law, with some federal laws also applying, especially regarding taxes. It involves both transactional elements (such as drafting wills and trusts) and litigation (such as contesting wills or resolving disputes).
In summary, estate law encompasses the legal framework for managing a person’s assets and affairs during life, in cases of incapacity, and after death, ensuring orderly transfer and protection of property and interests.