estate planning

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Estate planning is the process of anticipating and arranging, during a person's life, for the management and disposal of that person's estate during the person's life, in the event the person becomes incapacitated and after death. The planning includes the bequest of assets to heirs and may include minimizing gift, estate, generation skipping transfer, and taxes. Estate planning includes planning for incapacity as well as a process of reducing or eliminating uncertainties over the administration of a probate and maximizing the value of the estate by reducing taxes and other expenses. The ultimate goal of estate planning can only be determined by the specific goals of the estate owner and may be as simple or complex as the owner's wishes and needs directs. Guardians are often designated for minor children and beneficiaries in incapacity.

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  1. S

    QLD Entitled to Know Where My Dad's Resting Place Is?

    Hi. Am I legally entitled to know where my father's final resting place is? And if none yet, am I entitled to know where his ashes are? I lost my dad 3 years ago, and my step mother (whom I do not get along with) has them. 1 year after his death I sent her an email asking where my dads' final...
  2. C

    QLD Wills and Estate Planning - What If Husband Dies at Same Time?

    Long time married. House in husband's name only. Both die at same time. Would the house be part of husband's estate only, or would it be considered communal property and be 50/50 part of each estate? (This is to know if this scenario needs to be addressed in Will, and estate planning...
  3. C

    QLD Ownership of Dead Son's Ashes?

    If the ashes of my dead son are in the possession of my own mother and she refuses to give them back to me, how can I get them back legally? I am under the assumption that legally they are mine, but she refuses to return them to me. What can I do under estate planning law or property law?
  4. J

    QLD Estate Planning - Mother Keeping Funds Safe in Overseas Bank Account

    My mother is holding some of my funds in her overseas bank account. To prevent these funds being claimed by my siblings in the event of her death, what should we do? eg. Is it enough to make a statement to the effect that ... $500K belongs to [me]. Is it better to bequeath it in her will to me...
  5. R

    VIC Executor of Will Delaying Funds Distribution

    My mother recently passed away. My sister was appointed Executrix and trustee of her will. We have not seen any documentation from her in 15 years. We have asked on numerous occasions to provide us with full accounting, assets and liabilities but to no avail. She is now delaying the distribution...
  6. E

    NSW Estate Planning - Leaving Money to Daughter in Will?

    I would like to know if you haven't seen or heard from your daughter for 20 years, do you need to leave them anything in your will?
  7. M

    WA Separated 20 Years - Entitled to Spouse's Money?

    Hi. I would like to know if my mother is entitled to my father's monies after he passed away? They have had legal separation for around 20 years and split all their then assets?
  8. S

    NSW Family Provision Claims, Legal Fees and Estate Superannuation - Stepchild's Rights?

    Q: If one of your Biological-parents marries someone when you are an adult, and the spouse "totally or partially financially" supports you can you qualify as a death-benifit dependant on the deceased superannuation? Q: Can someone be classified as an "adult step-child" if one of your biological...
  9. M

    NSW Probate and Deceased's Wishes - How To Record on Property Title?

    A Testator leaves a property to his niece (probate granted) with the condition that his brother and sister in law (her parents) can have the property for their sole use and enjoyment for the term of their lives. How is that recorded on the title deed?
  10. KLP

    NSW Estate Planning - Does My Second Husband Take More Precedence?

    Hi Everyone Just need some estate planning advice. Its my second marriage and I have a 16 and 18 year old from a previous relationship. Not sure if I should leave my superannuation to my estate upon my death or to my dependent child of 16 in a binding death nomination for taxation purposes...