Comprehensive Archive of Legal Articles and Insights

Estate Planning

Top Reason You Should Consider Hiring A Probate Attorney

When thinking about your last will, the question may arise, do I need a Probate attorney? The answer in most cases is, yes, it is a complicated topic. Most people do not like to talk about death and what will happen to their belongings post-death. But at some point, of time, you need to address these topics. Otherwise, your family members will have to suffer for your mistakes. Hiring a probate attorney has many benefits. We have listed the top ones below. Estate Protection Against Legal Claims Using A Probate Attorney The decedent’s estate could be valuable, which may entice parties with ulterior motives to stake a claim on the estate or part of it. Thus, in-turn taking advantage of

Estate Planning

Frequently Asked Questions About Probate

When a person dies, it is very common that their estate goes through the court. This is where the deceased estate gets transferred to the rightful heirs. An individual uses a Probate procedure to validate a will. The executor is responsible to divide the assets and transfer it to the mentioned beneficiaries. The court appoints an administrator if the decedent has not mentioned an executor in the will. Since the probate is lengthy and time-consuming, many questions arise. The items listed below are the common frequently asked questions in probate. It will help you get a good understanding of the process. How To Begin Probate If A Will Is Present The presence of a will could state the appointment of

Estate Planning

What is intestate succession during probate

Love is a powerful force, and It drives us towards weird decisions. Creating a will is such a decision. Sometimes a will is not created. This does not mean love is non-existent. Upon consultation, a probate lawyer advises you to create a will. Nonetheless, will creation is always the best option. Intestate Defined By A Probate Lawyer. Dying intestate implies death without a legal will. The absence of a will sometimes create chaos. Hence contacting a probate lawyer will help avoid this chaos. The lawyer will educate you on the court process. The death of your dear ones follows a series of trips to the court. A lawyer can reduce suffering to some extent. The Court Process For An Intestate

Estate Planning

Can An Executor Handle Probate On His/Her Own

We cannot avoid death; it is part of our life cycle. When a person dies the decedents, estate undergoes distribution among the heirs. The probate court oversees the partitioning of assets. To help the court distribute, someone needs to stand-in as an agent for the estate. The term executor defines this person He / She works on behalf of the decedent. An executor should help divide the estate by adhering to the demands of the deceased. He / She may need help in doing so. Therefore, they could hire a lawyer. Executor’s Role In The Probate Process Will drafting occurs before death. You, as an estate holder, have to make sure to choose someone trusted as an executor(s). The estate’s

Estate Planning

How A Probate Lawyer Can Save You Money

Whenever our family members die, it is hard to adapt up to the truth. During this time, it is tough for us to control our emotions. Which hampers us to make a sound decision in our life. During a short amount of time, we will have to take care of a lot of things related to the probate process. Therefore, it is paramount that you hire a probate lawyer that can guide you through the whole process. During the whole probate process, the deceased estate will have to pay a lot of taxes and legal fees. Without the help of a good lawyer, you may end up paying more than you are supposed to pay. Therefore, it is essential to

Estate Planning

Smoothening the Probate process

When it comes to managing the deceased’s estate, a process is commonly known as “Probate,” many people find it unsettling and complicated. Often families go through the Probate process after the death of a loved one, even though the legal and financial process is the last thing they want to deal with. Probate is the legal process that controls the distribution of the assets after someone dies. On settling of the deceased’s debts, his/her property transfers to the beneficiaries. In most cases, the executor named in the Will handles the process; if there is no Will, the court makes the necessary decisions. The process can be troublesome at times, but a few steps can help one get through it. Step

Estate Planning

Plan to make Probate easier for your family

The passing of a family member or a friend is unwantedly heartbreaking, the last thing one wants to deal with through grief is legal problems. Unfortunately, when it comes to property , the death of a close friend or family member can lead to some legal trouble. To make the Probate process trouble-free, it is necessary to clear all confusions related to Probate law. In the basic terms, probate means the legal process that gives recognition to a will and appoints an administrator to distribute assets to the considered beneficiaries. Still, there is far more to it than this. Why should you apply for Probate? The first reason to apply for Probate is that it lets the beneficiaries receive their

Estate Planning

Probate – Now No Reason to Fear If You Plan Well In Advance

For removing the complexity of the probate process, proper planning is essential. It is the process of transferring the properties of the deceased to his/her beneficiaries through an executor or a personal representative. Framing the probation process planning well, will end the reason to fear any mishaps in the long run. A properly planned probation process eases the burden of the executor or the personal representative. It is a long and complicated process, giving the executors a hard time to execute it properly. To avoid this complexity, executors are framing a proper plan to implement this process smoothly without getting confused in the middle. The executor should execute the probation process by completing all the tasks step-by-step. This eases the

Estate Planning

Help your probate attorney get all documents in place

Managing and handling the probate process is not an easy task to execute. The executor responsible to execute the probation process must be competent. A competent executor can complete the tasks hassle-free. The executor must perform the tasks according to the decedent’s will. Any deviation from the will can cause legal problems. An incompetent executor can commit mistakes in the probation process. Committing mistakes in legal procedures is not acceptable by law. Hence, the executor must find ways that will prevent his/her incompetency to affect the probate process. The best way to deal with this problem is by hiring a probate attorney. An attorney with his/her professional skills ensures a hassle-free execution of the probate process. They make sure to

Estate Planning

Does your family have to pay your debts during probate process

Have you ever thought who would pay the pending debts of a deceased? This question must have been a bouncer for you but it has a simple solution. The pending debts of the deceased are paid during probate with the value earned from the estates owned by the deceased. The executor or the hired attorney handles the task of clearing out pending debts. The will of the deceased has granted the authority of administering the decedent’s assets to the executor. In case there is no will, the court will appoint a personal representative to execute the probate process. The executor locates all the debts the deceased has taken. He/she then demands the creditors or the lenders to prove their claims.

Estate Planning

The Probate Process Explained

Probate includes the process by which a decedent’s debts get a settlement. It also consists of the property which transfers to their beneficiary and heirs. In some cases, no will is left behind by the deceased. Then the heirs must seek the court’s sanction to appoint an agent for the estate of the decedent’s. Soon, the court grants this sanction. Then the administrator or executor becomes the legal representative of the estate. Probate is a time and resource-consuming process. It involves a lot of paperwork and court appearances. Agents and lawyers mostly do it and lawyers. However, whenever necessary, it can also be initiated by an individual. Four Basic Steps to the Probate Process The Probate Process involves the following

Estate Planning

Probate Is Necessary?

It is not easy to cope up with the loss of a family member. This grief doubles and becomes more difficult when you are given the responsibility of sorting through, distributing, and disposing of the earthly possessions of the decedent. It means you are the designated estate executor. Before even starting with the process of distributing the assets among the beneficiaries, it will be necessary for you to consider whether Probate is necessary. And yes, you even need to find out whether the deceased has used estate plans for avoiding the process. If the estate includes a house, then there are no ways you can skip the process. Apart from this, state laws, rules, and disagreed beneficiaries lobbying lawsuits against

Network Insights Archive

Sponsored Stories

Top Reason You Should Consider Hiring A Probate Attorney

Frequently Asked Questions About Probate

What is intestate succession during probate

Can An Executor Handle Probate On His/Her Own

How A Probate Lawyer Can Save You Money

Smoothening the Probate process

Plan to make Probate easier for your family

Probate – Now No Reason to Fear If You Plan Well In Advance

Help your probate attorney get all documents in place

Does your family have to pay your debts during probate process

The Probate Process Explained

Probate Is Necessary?

Subscribe To Our Newsletter