This may be done for tax reasons or to control the property and its benefits if the settlor is absent, incapacitated, or deceased

Assets left to any other heir, including the decedent's children, may be taxed if that portion of the estate has a value in excess of the lifetime gift, estate, and generation-skipping transfer tax exemption amount

The probated will then becomes a legal instrument that may be enforced by the executor in the law courts if necessary

If someone is already incapacitated, it is not possible for that person to execute a valid power, although in some jurisdictions, it may be possible for someone to have the capacity to execute a power of attorney even if they do not have the capacity to make the decisions that they are delegating

Bankruptcy is a legal process through which people or other entities who cannot repay debts to creditors may seek relief from some or all of their debts

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" The includible property may consist of cash and securities, real estate, insurance, trusts, annuities, business interests and other assets