Estate Planning Law is the area of law dealing with matters regarding an individual's estate. While it encompasses death and dying, it is not exclusively about death. Estate planning law also includes any individual's determination regarding what they wish to happen to their estate upon incapacity and their wishes after death. Estate Planning may sometimes involve drafting a Will or the Last Testament.
The laws governing probate courts, trust law, estate planning, and estate taxes vary from state to state. While some have far-reaching laws in place, others have created ambiguous statutes. Additionally, these laws are often created and revised sporadically, making it difficult to get the hang of them.
The Uniform Probate Code (UPC) has sought to clarify, unify and modernize these laws throughout all the U.S states and D.C. It provides a uniform approach to various issues such as probate procedures, trust and wills, estate taxes, and inheritance. Yet, the UPC is not universally adopted, and most states have adopted it only partially or not at all.
Estate-related tax issues, such as gift tax laws and federal estate tax, and various college savings plans are regulated by federal and state laws. Tax issues have become increasingly challenging to address due to changes in our tax laws.
