The probate process occurs after someone passes away. Probate can be lengthy, complex, and expensive, but good estate planning can mitigate unwanted risks by anticipating and preventing problems before they arise. Sound estate planning can make the probate process run…
Intestacy refers to the death of someone without a will. If this happens, a probate court oversees the distribution of the decedent’s assets. Also known as intestate succession, it has similarities to the probate process when a will is present.…
If you are looking to minimize or avoid probate altogether an estate planning attorney can help. Probate proceedings are part of the public record and can be very time-consuming and expensive. However, in nearly every case, some probate is necessary,…
If you die without a will (intestate), the state will distribute your assets and property based on state law and might not align with your wishes. A will is a legally binding directive stating who will receive your property upon…
A loss of a close relative is one of life’s most emotionally draining experiences, along with the stress of dealing with the deceased’s estate. This part can be especially overwhelming. The process of proving to a probate court that the…
If properly written, a will addresses who receives your assets and properties after your death. Your will names a personal representative (executor) who will carry out your wishes. In addition to asset distribution, your executor makes a public notice of…
ABA defines probate as the legal process that formally recognizes a will and appoints a personal representative (executor) to administer the estate for intended beneficiaries. Navigating the probate process will vary according to state law. Therefore, it is good to…
Disputes regarding guardianships, conservatorships, trusts, real estate, and gifts may arise during probate litigation. The most successful approach to mitigating or avoiding probate litigation risk is carefully planning for the future. Comprehensive estate plans that are routinely updated, careful consideration and…
The date of death of the testamentary is usually published in a local newspaper by a personal representative (executor). In part, this information serves as notice to creditors if the decedent has an outstanding debt with them. The personal representative…