Comprehensive Archive of Legal Articles and Insights

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

Estate Planning

Can Probate Attorneys Simplify the Process?

Do you have aging parents, or have you lost a dear one recently? If yes, then you might have surely heard of the probate procedure. It is hard and emotional to think about the death of someone close to you. But it is a situation you cannot avoid. Being prepared for this inevitability is important. It can make the legal proceedings of settling their estate more convenient. One good way of preparing for this legal decision and end-of-life matter is by working in close coordination with a probate attorney. Such attorneys are the only licensed, certified, and qualified professionals to offer expertise and help in applying the law to the situation you are in. Working with these experts will definitely

Estate Planning

What Role does the Executor Play in Probate?

The executor has an important role to play in the probate procedure. First of all, he or she is the person responsible for implementing the wishes of the departed as provided in their will. Therefore, it would not be incorrect to say that executors are legal representatives of the testator or the deceased. They have the authority to dispose of the deceased’s assets according to the last testament or will. But before understanding the role of an executor, it is important to get an idea of who can actually do justice to this significant role. Who Can Serve as an Executor during Probate? This is an important question when it comes to choosing the ideal executor who can operate while

Estate Planning

How Long Does Probate Take?

Probate has this reputation of taking a long time, but the duration generally depends on a number of factors. While some estates close or settle within just a few months’ time or even in weeks, there are others that can take several years to close. The entire procedure involves several steps, and all of them are important for moving assets from the deceased’s ownership to a living heir or beneficiary. The outstanding debts and the taxes of the decedent should be paid before this happens. All the major steps take place under the court’s supervision resulting in the further slowing down of things. And yes, the process can even stall completely for some time if there are certain complexities. How

Estate Planning

Why Is a Probate Attorney Needed?

You might have heard the old saying that goes; it is impossible to take everything you possess along with you when you pass away. But to understand the significance of a probate attorney, there are things you need to ponder on. First of all, these professionals can help your surviving loved one settle your outstanding debts and distribute your estate assets once you are no more. The services of these experts are needed both in case there is a will or there is none. Understanding the Role of a Probate Attorney Generally speaking, such lawyers are also known as trust or estate lawyers. They help the estate executors in managing the entire probate procedure. They can also help the estate

Estate Planning

How does one collect all documents for probate

Knowing everything involved during the probate helps in easing the fears about the same. First things first, the process is not as complicated as people consider it to be. It generally entails settling the debts of the decedent and transferring the legal title of his or her property to beneficiaries. Suppose the decedent has left a will and has property subject to the process. The procedure will begin as soon as the estate executor presents the deceased’s will in the courtroom. The executor is the person whom the deceased has appointed in his or her last will. This is for carrying out every matter related to their will on their behalf. In the absence of a will, someone requests the

Estate Planning

What Happens If Probate Has No Executor

An executor represents a dead person personally. They are the most important person throughout the probate process. They are responsible for managing and distributing the estate of the deceased according to the terms of their will. In typical terms, the person who writes the will is the testator. He or she appoints or names the executor in their testament. What if the departed dies intestate or without leaving behind a will? Or in case the will does not include any reference to the executor? The probate court takes up the responsibility of appointing one. When the Will Has No Executor When people draft their wills, they do not forget to include the name of a reliable individual. That individual can

Estate Planning

Probate Need Not Be Complex with These Steps

Losing a loved one is not just an emotionally challenging phase of life but is even legally challenging. It can have a major impact on people. It might even get them into facing legal problems. Probate is a legal proceeding used for determining how the liabilities and the assets of the decedent will be taken care of. In the majority of the cases, the relatives and family members of the deceased generally want to avoid the process mainly because it is time-consuming and complicated. Not to forget, it even drives wedges between the deceased’s beneficiaries. Nevertheless, this process can easily be simplified by following some important steps. The Basic Steps of Probate Selecting a family member is crucial for managing

Estate Planning

The Best Advice your Probate Lawyer can Give You

There are many people who do not specifically know what probate lawyers can do for them. These are professionals who take up the responsibility of managing the filing of the last will or testament of a decedent individual. Basically, they are trust or estate lawyers taking care of the different wicked disagreements and disputes that take place because of the property disposition. People do not take the trouble of getting hold of these lawyers until their loved ones pass away. When this happens, they have the urgency of hiring a lawyer. Thus they do not have the time to dive into the details of the person with the potential of best representing their interests in the court of law. This

Network Insights Archive

Sponsored Stories

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?

Can Probate Attorneys Simplify the Process?

What Role does the Executor Play in Probate?

How Long Does Probate Take?

Why Is a Probate Attorney Needed?

How does one collect all documents for probate

What Happens If Probate Has No Executor

Probate Need Not Be Complex with These Steps

The Best Advice your Probate Lawyer can Give You

Subscribe To Our Newsletter