Charlotte: +704.369.9977
Fort Mill: +803.594.4453

Consultation Request

Probate

Wednesday, April 5, 2023

Does All Property of the Deceased Pass Through Probate?

The probate process can be complicated. It can seem like a tangled web of red tape and legal requirements. Unfortunately, those navigating the probate process are often those who have just lost a loved one.
Read more . . .

Permalink

Subscribe via Email

Subscribe via RSS

Previous Posts

The Role Of A Guardian In A Special Needs Trust

Estate Planning For Veterans And Their Families

Asset Protection Strategies That Are Useful In Estate Planning

Estate Planning Considerations for Blended Families

How To Avoid Trust Disputes

The Importance of Estate Planning as a Parent

What Happens When a Personal Representative Doesn’t Do Their Job?

How Much Does the Executor of an Estate Get Paid in South Carolina?

Does All Property of the Deceased Pass Through Probate?

No Valid Will? What Happens Next?

Blog Categories

Business Succession Planning

Elder Law and Medicaid Planning

Estate Administration

Estate Planning

Firm Announcements

Long-Term Care Planning

Special Needs Planning

Veterans Benefits

Wills and Trusts

Blog Links

Archived Posts

The Role Of A Guardian In A Special Needs Trust
Estate Planning For Veterans And Their Families

Creditor Claims During Estate Administration in South Carolina

Most Americans Do Not Have an Estate Plan in Place
Get a Power of Attorney for Your College-Age Kid
Why Are Medicaid Applications Denied?

Funding Your Living Trust
Who to Choose as Trustee
Monk Law Firm, PLLC is excited to announce that Simon J. O’Brien has joined our team!
Taxes Relevant to Estate Planning

Charitable Lead Trusts
Differences Between a Conservatorship and a Power of Attorney
What Makes Up My Estate?

Estate Planning Considerations for Single Parents
Make Important Health Care Decisions While You are Healthy
Should You Sell Your House If You Are Moving to a Nursing Home?

Planning for Assets with Sentimental Value
Ways to Make Sure Your Children Inherit Your Home
The Differences Between a Will and Living Trust

Estate Planning Checklist
Have You Ever Heard of a Pour Over Will?
Who Inherits if a Primary Beneficiary Dies?

What Happens in Medicaid Planning?
Funding Your Trust With Out of State Property
Will My Revocable Trust Avoid Probate?

Does a Revocable Trust Help Avoid Probate?
Clauses to Include in Your Revocable Trust
Should Estate Plans Include Advance Directives?

What is Medicaid Planning?
Why Your Aging Parent Needs a Durable Power of Attorney in Place
What Can Special Needs Trust Proceeds Be Used For?

Add Estate Planning on Your Moving To-Do List
Why You Should Plan for Long-Term Care As Soon As Possible

Things to Consider in Choosing Your Health Care Surrogate and Power of Attorney Agent
What Happens During Probate?
What Is a Revocable Living Trust?

What You Need to Know About the Proposed For the 99.5 Percent Act
What Can Delay the Probate Process?
How to Choose a Personal Representative

What Is the Elective Share?
The Pitfalls of DIY Estate Planning
Estate Plan in Place? Where You Should Consider Storing Your Original Documents

The Benefits of Charitable Giving in Your Estate Plan
The Relevance of “Domicile” in Estate Planning
The Benefits of a Spendthrift Trust

What Type of Planning Should a Child with Special Needs Have in Place?
What Is a Spendthrift Trust?
What Is a Third Party Special Needs Trust?

A Prenuptial Agreement as an Estate Planning Document
What Does Special Needs Mean?
What Is the Portability of the Estate Tax Exemption?

What Are the Eligibility Requirements for Medicaid in North Carolina?
Can Adult Children Be On the Hook for Their Parents’ Long Term Care Bills?
What Are the Different Types of Trusts?

What Can You Accomplish with a Will?
How Are Revocable Trusts Taxed?
How Are Irrevocable Trusts Taxed?

What Should You Ask Your Medicaid Planning Attorney
When It May Be Time to Move to a Nursing Home
The Importance of Supporting Family Caregivers

Nursing Home Reopenings: What to Know Before You Go
What Burial and Memorial Benefits Are Offered by the VA?
What You Should Know About Medicare Open Enrollment

How Testamentary Capacity Is Determined
Taking Time to Honor Our Seniors on International Day of Older Persons
When Should You Revisit Your Estate Plan?

Health Care Documents You Should Have in Place for Your College-Age Kid
How to Boost the Morale of a Loved One living in a Nursing Home During COVID-19
Keeping Elderly Loved Ones Safe During Hurricane Season

How to Talk to Your Parents About Moving to a Senior Care Facility
Why You Can Never Be Too Young to Estate Plan
Talking to Your Elderly Parents About When It Is Time for Them to Stop Driving

Things to Do When Moving a Loved One to a Nursing Home
What Happens If There Is No Named Executor of an Estate?
How Long Does an Executor Have to Settle an Estate in North Carolina?

What Is Parents’ Dependency and Indemnity Compensation (DIC)?
What Is an Irrevocable Life Insurance Trust?
Which Assets Avoid Probate?

Why You Should Consider Incorporating 529 Plans Into Your Estate Plan
How to Pay for the Costs of Assisted Living
The CDC’s Coronavirus Guidance for Older Adults

What Are the Responsibilities of an Executor?
How Did the Deficit Reduction Act of 2005 (DRA) Affect Medicaid?
How Can I Include Charitable Giving in My Estate Plan?

Why You Are Never Too Young to Estate Plan
How to Keep Your Family Business in the Family
Appealing a Denial of Veteran Benefits

What Should Be Included in Your Partnership Agreement?
How Do You Form a C Corporation?
What Happens in Probate Court?

What Are the Fiduciary Duties of a Trustee?
What Is a QTIP Trust?
Are Long Term Care Benefits Available to Veterans?

How to Select the Right Nursing Home Facility
What Happens When an Estate Is Closed?
Should You Specify Your Desired Funeral Arrangements in Your Will?

How Can You Protect an Heir’s Inheritance from His or Her Spouse?
What Are the Most Common Estate Planning Mistakes to Avoid?
Why Would You Want to Avoid Probate?

Choosing an Executor
What to Include in Your Will
What to Consider in Choosing a Guardian for your Children

North Carolina Small Estates
Inheritance for Surviving Spouses
Filing the Estate Income Tax

What Is Medicaid Planning?
James Brown's Estate
Recent Supreme Court Ruling Regarding Taxation of Trusts

How Do You Create a Valid Will in North Carolina?
What Is a Durable Power of Attorney?
What Is an Incentive Trust?

Terminating a Living Trust
Dying Without a Will
Advanced Health Care Directives

Estate Planning for Your Pet
Don’t Wait to Estate Plan
Taxation of Trusts

A Lawyer To English Dictionary
Inheritance Taxes: The Estate Tax’s Sneaky Cousin
How To Challenge A Will

Apprising You Of Appraisals
Can I Ask My Parents For Money Now Instead of Waiting Until They Die?
Step-Sister Swindles Siblings Out Of Inheritance

Are Modern Day Fort Mill & Charlotte More Like Downton Abbey Than We Thought?
Five Tips For Fighting Elder Abuse
Stones & Statutes: What Law Applies When A Cemetery Is Disturbed?

Estate Planning In The Opioid Era
Preparing For Your Spouse’s Death
Burt Reynolds Disinherits Son?

Estate Planning For Farmers Helps The Next Generation Grow
Saying Goodbye To The Queen
Providing For Loved Ones With Substance Abuse Issues

Estate Planning For New Parents
Cutting Someone Out Of Your Will May Be Harder Than You Think
Sometimes It Can Be Hard To Tell The Good Guys From The Bad

Remembering Terri Schiavo
Dealing With A Loved One’s “Stuff” After They Are Gone
What Does It Mean To “Spend Down?”

Help For North Carolina Seniors In Need Of Home Repairs
Potential Changes In The Law May Help Veterans Exposed To Agent Orange
Is Buzz Aldrin In Trouble?

What Is A Reverse Mortgage? And Should I Get One?
It’s A Wonderful Life… Insurance
Leaving Behind Unique Assets Requires Proactive Estate Planning

You Might Need 20 Copies Of Your Loved One’s Death Certificate
Do You Have The Mental Capacity To Make A Will?
Special Needs Trusts Protect The Special People In Your Life

I’m a beneficiary. What does that mean?
More Than Just The Start of Summer
Track Your Benefits With A My Social Security Account

What Happens to Cryptocurrency When Its Owner Dies?

What If This Is My Circus? And Those Are My Monkeys?
What Happens If You Don’t Have An Estate Plan?
4 Huge Estate Planning Mistakes & How To Avoid Them

Harper Lee’s Will Keeps Her Affairs Private
Are You Your Family’s Archivist?
When Should You Plan For Long-Term Care?

Estate Planning For Art Collectors
How Does The New Tax Law Impact My Estate?
Division is Difficult

Hefner Demands Heirs Be Drug-Free
A New Scam To Look Out For
D-I-V-O-R-C-E And E-S-T-A-T-E P-L-A-N-N-I-N-G

Honoring Veterans
The Importance of Giving This Holiday Season
Who’s Reading Your Emails?
Exposing Guardianship Abuse

Buried Next To Marilyn Monroe, But That’s About All We Know
50 Ways To Destroy An Old Will

A True Horror Story For One North Carolina Family
Talking To Your Family About Your Estate Plan
It Takes More Than A Part Time Job To Pay For College These Days

From Dueling To Mediation And Arbitration
Equifax Breach Highlights The Importance Of Credit Monitoring
The Perils of Family Property

Into the Archives
Happy First Day of School
Protect Your Loved Ones From Abuse Online

Estate Planning for Newlyweds
Tips for Successful Succession Planning from Tommy Boy
Be Sure Your Estate Plan Includes Your Digital Assets

A Known Unknown
Estate Planning For Couples Who Aren’t Married
Practical Tips For Passing A Vacation Home To The Next Generation

A New Funding Option For North Carolina Businesses
Polly Wants A Cracker, And A Trust Fund
What is a Spendthrift Trust?
Applying for Veterans’ Disability Benefits in North Carolina

How To Avoid Long Term Care Insurance Scams
What March Madness Can Teach Us About Building A Successful Business

Why We Were Thinking About Power of Attorney Documents on New Year’s Eve
Sound Legal Advice is a Key to Start-Up Success
How Long Does It Take To Settle An Estate?

Counting on Medicaid? You Might Need To Spend Down.
Why Life Insurance Belongs In Your Estate Plan
Estate Planning For New And Soon-To-Be Parents

Widows Continue To Fight For Veterans Benefits
U.S. Supreme Court Hears Special Education Case
3 Myths About Estate Planning
Ryan Monk Recognized as NC Legal Elite and Super Lawyer

Resolve To Get An Estate Plan in 2017
Use This Simple Trick To Avoid Estate Taxes
Film About North Carolina Veteran Spreads Awareness

Military Benefits Mess Makes Headlines
You Don’t Really Have A Succession Plan If You Haven’t Put Your Plan Into Action
Suing To Set Up Shop

An All Too Real Horror Story
Special Needs Trusts Help You Care For The Special People In Your Life
Do You Have Plans For Your Digital Afterlife?
Frequently Asked Questions About the North Carolina Probate Process

Increased Demand for Medicaid Lands Sick Children on Waitlist
South Carolina Legislature Enacts New Power of Attorney Act
Mother Fights for Guardianship of Intellectually Disabled Daughter
The Values of an Irrevocable Trust

Threatened Reform of North Carolina’s Model Medicaid System
Why You Need an Advance Directive: VA Doctors Participate in 'Adverse Events' Study
Elder Abuse on DOJ's Radar

Veteran’s Benefits Have Gone to the Dogs
Startup Accelerator Committed to Charlotte

The “Epidemic” of Insufficient Retirement Savings Among Baby Boomers
Veterans Administration Inexplicably Cuts Benefits to Thousands in Need
How to Name a Trustee
Using Estate Planning to Prepare for the Unimaginable: The Death of Your Spouse

Protect Yourself & Your Loved Ones from Elder Abuse
Why Digital Assets Should Be Part of An Estate Plan
Shocking New Report on VA Benefits Makes National News, But Part of the Story is Missing

Avoiding a Family Feud After Your Death
Keep Your Beneficiary Designations Up to Date
The Use of QTIP Trusts in Estate Planning Involving Second Marriages

Hybrid Long-Term Care Policies
A Primer on Business Succession Planning

Why shouldn't I use a form from the internet for my will?
What Your Loved Ones Absolutely Need to Know About Your Estate Plan
The Rule against Perpetuities

Can an Individual be held responsible for his or her deceased loved one's debts?
What is a tax basis and how will it affect my estate plan?
Things to Consider When Picking an Executor

Turning Over the Keys: Helping older drivers make the tough decision
First Party and Third Party Pooled Income Trusts, Explained
Mediation: Is It Right For You?

What Is the Spousal Share of an Estate?
What is a Life Estate?
Five Common Reasons a Will Might Be Invalid

Avoiding Common Mistakes in Estate Planning
Controlling Estate Planning Through Trusts
Glossary of Estate Planning Terms

Pooled Income Trusts and Public Assistance Benefits
Do I Really Need Advance Directives for Health Care?
Planning Pitfall: Probate vs. Non-Probate Property

Estate Planning Don’ts
Family Business: Preserving Your Legacy for Generations to Come
Estate Planning for the Chronically Ill

What would happen if another child is born after establishing an estate plan?
If you're 70 and have considerable assets, should you consider Medicaid Planning?
Would transferring your home to your children help avoid estate taxes?

Borrowing from your retirement accounts: Issues to consider
Important Steps to Plan for the Future of a Special Needs Child
Business Succession Planning Tips

Making your home senior-proof
Important Issues to Consider When Setting Up Your Estate Plan
Where to Incorporate Your Small Business

Advance Planning Can Help Relieve the Worries of Alzheimer’s Disease
What is Estate Tax Portability and How Does it Affect Me?
Choosing a Guardian for Minor Children

Executors Fees
Is There Anyway a Disinherited Child Could Receive an Inheritance From an Estate?
Leaving a Timeshare to a Loved One

Problems with Using Joint Accounts as a Vehicle for Inheritance
Selecting An Executor Post Mortem
Role of the Successor Trustee

Think Treasure Hunts are Fun and Games? Think Again
Will or Won’t? Things a Will Won’t (or Can’t) Do
Should you withdraw your Social Security benefits early?

8 Reasons Young People Should Write a Last Will and Testament
The Essential Component of Your Estate Plan’s Success
You’ve Established an Estate Plan. Do You Know Where the Documents Are?

Give Hope Gala in Charlotte, NC
Happy Halloween from Monk Law Firm
Protecting Your Legacy with Estate Tax Planning
Traveling Vietnam Wall Memorial
Family Foundations: What, Why, and How
A Simple Will Is Not Enough
81-year-old Oak Park resident takes skydiving in stride
Come visit us at our new location in Baxter Village!

How to Keep Your Affluent Children From Turning Into … Well, … Brats
Don't Disinherit with a Small Amount
Remembering all of those lost 13 years ago today. Never forget.
Is a copy of a will sufficient?

Protecting Your Vacation Home with a Cabin Trust
What to Do after a Loved One Passes Away
8 Things to Consider When Selecting a Caregiver for Your Senior Parent

Young and Ill, without Advance Directives
Can I Get In Trouble With the IRS for Trying to Reduce the Amount of Estate Tax That I Owe?
What is Estate Recovery?

Removal of a Trustee
A Shared Home but Not a Joint Deed
Life Insurance and Medicaid Planning

When to Involve Adult Children in the Estate Planning Process
Happy Memorial Day
How Certificates of Shares Are Passed Down
Monk Law Firm is Growing!
"Funding the Trust"

Paying for Your Grandchildren’s Education
What is a Pooled Income Trust and Do I Need One?
Refusing a Bequest

Testamentary Trusts vs. Inter Vivos Trusts
Your wishes in words
When will I receive my inheritance?

A Living Will or Health Care Power of Attorney?
Utilizing Family Limited Partnerships
Issues to Consider When Setting Up Your Estate Plan

Veterans’ Non-Service Connected Pension Benefits
Special Needs Trusts
Common Estate Planning Myths

Monk Law Firm, PLLC assists clients throughout Charlotte, Rock Hill, Fort Mill and the surrounding areas.

1-800-541-6555

Instant Call Back

Request a Consultation

© 2024 Monk Law Firm, PLLC | Disclaimer
1365 Broadcloth St, Suite 201, Fort Mill, SC 29715 | Phone: 803-594-4453
6000 Fairview Road, Suite 1200, Charlotte, NC 28210 | Phone: 704-369-9977
Estate Planning | Elder Law / Medicaid Planning | Guardianships | Probate / Estate Administration | Special Needs Planning | Veterans Benefits | Business Law | Business Succession Planning | Florida Veteran's Aid and Attendance | Meet Our Team