State laws are very specific about what can and can’t be in a will, trust, or medical or financial power of attorney; who can and can’t serve as a personal representative, trustee, health care surrogate or attorney in fact; who can and can’t be a witness to a will, trust, or medical or financial power of attorney; and what formalities must be observed when signing a will, trust, or medical or financial power of attorney. Estate lawyers can help sort out complex family or financial situations.
Probate, trust and death tax laws are very different from state to state. Unlike the federal estate tax laws, which apply to all U.S. citizens, state laws are all over the place when it comes to probate, trusts, estate taxes, gift taxes, and inheritance taxes, as well as the legal formalities required to write and sign valid estate planning documents. It is a smart decision to hire a knowledgeable attorney to guide you correctly.