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trusts and estates

Probate Assets

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In trusts and estates law, these are assets that an individual owns at his death in his sole name.   Probate assets do not have a survivorship feature that will control the disposition at death, so disposition of probate assets are determined by probate court and are usually divided as directed by the decedent’s will.

Freedom of Disposition

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Freedom of Disposition is a principle of trusts and estates law that says the law should grant freedom to people to dispose of their property in any way they want. Two schools of thought surround this theory. The less popular view is that the freedom of disposition is a natural right and should not be constrained by the law in any way. The more common view is that freedom of disposition is a political right and is subject to some constraint.

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