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Does Probate Make a Will Public?

Many people cloak their wills in mystery, writing them in secret, hiding them in a wall safe or bank vault and refusing to breath a word about their intentions. But upon the testator's death, state law takes over. In order for the will to be effective, the person administering it -- termed the executor -- files it in probate court and authenticates the signature. When the will becomes part of a probate file, it is a public document, open to public review.

LLC Vs. Inc.

People often confuse LLCs (limited liability companies) with corporations (Inc.). They are, at first glance, similar, yet very legally different. The two business structures do share one very important feature -- limited liability for owners. However, many other components are different. While one choice is not "better" than the other, one option may be more appropriate than the other in certain circumstances. An Inc is seldom an inappropriate choice, but can be more expensive or tedious to maintain than an LLC, from a paperwork perspective.

California Living Trust Vs. Last Will

California law allows residents to use a living trust, a last will or both in their estate plans. Deciding whether to choose a California living trust or a last will is easier when you know what each document can do for you. You may also wish to consult a California estate lawyer for more information.

Probate Court Requirements for a Last Will & Testament

Your Last Will and Testament must meet the probate court requirements set forth in your state's laws; otherwise, your statement of your final wishes and directions may not be used in court. Probate proceedings are used to legally settle your estate after death if there's a valid will. A will that does not meet state requirements may not be admitted for probate.

How to Get a Copy of a Will in the State of New Jersey

A will is a document created by a person that sets forth that person's wishes for the distribution of his property after he dies. To give legal effect to the will of a New Jersey resident, the will must be filed with a New Jersey Surrogate's Court. After the will has been filed with the Surrogate's Court, it becomes a public record, accessible by any interested individual. Obtaining a copy of a will filed in a New Jersey Surrogate's Court requires filing a records request with the appropriate New Jersey Surrogate's Court.

How do I File Taxes for an LLC?

A limited liability company, or LLC, is formed under state law but is not recognized as a business classification by the IRS. An LLC must choose how it will be taxed by electing treatment as a sole proprietorship or a corporation, if it is a single-member LLC, or as a partnership or a corporation, if it is a multi-member LLC. An LLC electing treatment as a corporation can make an additional election to be taxed as an S corporation. The way an LLC files taxes depends upon the tax elections it has made.

When Should Wills Be Filed After Death?

A will should be filed after death before the deadline set by your state's law. Often, these deadlines are several years after the date of death. By filing the will as soon as possible after a death, however, you may be able to substantially speed up the probate process. Consult an attorney in your state if you have questions about specific deadlines.

How to Use a Personal Name in an LLC

An LLC is a distinct business entity organized under state law. It can register a name that is not already in use and is not so similar to a name in use by a competitor as to cause consumer confusion. You must be careful, however, that you keep your business distinct from your personal life to comply with IRS rules and to maintain the protection from liability.

Can an LLC Partner Claim a Business Income As Self Employment?

From a legal perspective, there are no partners in an LLC, only owners -- who are called members. LLC members, in most cases, "must" claim business income as self-employment earnings. LLCs are "pass through" businesses, with all profits and losses treated as self-employment personal income or loss. However, there are a few options to treat LLC income differently.