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If you die intestate or without a Will, your state's laws of descent and distribution will determine who automatically receives your property. These laws vary from state to state, and may not distribute the property the way you would choose to.

An attorney should evaluate your particular situation to determine if a living trust is right for you. The use of a Living Trust may be beneficial if you have one or more of the following circumstances: Real estate in another state. Concerns about disability or incapacity in the future. You are concerned about privacy. You need post-retirement and wealth planning. Contesting of your Will, is probable.

No. Powers of attorney are only effective during the lifetime of the person who granted the power. Once that person dies, the power of attorney dies with them. The only person authorized to act on behalf of a deceased individual is the court approved or appointed executor or administrator.

Yes. Being named as the executor in a Will is just the first step. You are not qualified to act on behalf of the estate until the judge signs an order admitting the Will to probate and appointing you as the executor, you have taken your oath with the court, and you have posted any required bond. Once you have been qualified, the clerk will issue Letters Testamentary which is a court order stating that you have the right to administer the estate.

There are two types of guardians and guardianships. A guardian appointed to take care of the physical well-being of a ward is called a guardian of the person, while a guardian appointed to take care of the ward's property is called a guardian of the estate.