Estate planning is something that most people are not particularly anxious to think about. But at the same time, as they say, no one here gets out alive. Going through life without making any preparations for something that is definitely going to take place really doesn’t make a lot of sense. If you do decide to put the wheels in motion and begin to look into the process of estate planning, you will hear about something called probate. When you use a last will to express your final wishes, … [Read more...] about Probate 101
As estate planning and elder law attorneys, we are intimately connected to the probate court. One of the major functions of the court is to provide supervision when an estate is being administered. If you use a last will to express your final wishes, you would name an executor in the document. This estate representative would take care of the hands-on tasks, and the probate court would provide oversight. During probate, creditors must be notified, and they are given a certain amount of time … [Read more...] about What Are the Responsibilities of the Probate Court?
Probate can be defined as the legal process of estate administration. In the state of New York, the Surrogate’s Court has jurisdiction over estate cases. If you were to use a last will to express your final wishes with regard to the way that you want your assets distributed, you would name an executor in the document. After your passing, the will would be admitted to probate. The executor would handle the estate administration tasks, and the court would provide supervision. Sometimes, a … [Read more...] about When Is an Estate Probated in New York?
Probate lawyers can provide help to anyone involved in the probate process. Heirs or beneficiaries should get proper legal help to make sure that their inheritance is managed properly during this process, and those who believe a will is not a valid reflection of the wishes of the deceased should also get legal help to ensure they have the best chance to contest a will and win their argument. The most important person who needs to get legal help, however, is the executor of an estate. The … [Read more...] about What Probate Lawyers Want Executors to Know
Burlington probate lawyers can provide representation to those who are going through probate after a death has occurred. Going through the probate process can be stressful and complicated after a death, particularly because it can be such a long process with Investopedia estimating probate lasts around a year. While all parties involved in probate may find the court proceedings and lengthy process to be burdensome, the person with the most responsibilities during the entirety of the probate … [Read more...] about What Executors Must Know About the Probate Process
If you have been named executor of an estate, there are many executor duties you are going to be required to fulfill. The specifics of what is expected of you will vary depending upon the size and complexity of the estate. It is vital that you understand what will be required before you agree to serve as executor. This is important not only so the wishes of the deceased can be respected, but also because there could be consequences if an executor fails to perform his role properly. Unsworth … [Read more...] about What if I Fail In My Executor Duties
Many people have heard the expression, probate a will, but are not sure exactly what this phase means or what the process entails. If you are making an estate plan, you need to understand what the probate process involves so you can decide what assets you own that you want to transfer through this process. If your loved one has died, you also need to understand what probating a will involves because you are likely going to have to go through the probate process in order to wind up the estate … [Read more...] about What Does it Mean to Probate Will?
The probate process is the process which occurs after most deaths in order to facilitate the transfer of assets to the new owners who are designated in the will or who inherit as a result of intestacy law. If your loved one has died or if you have been named executor of a will, you need to understand what the steps are of the probate process so you can be prepared to fulfill your responsibilities and protect your inheritance. The best way to find out what is involved in the probate process … [Read more...] about Where Can You Find Out the Steps of the Probate Process?
The Vermont probate process happens after most deaths. However, it does not have to happen after every death. Many people decide to try to make a comprehensive estate plan which will allow their heirs to avoid the probate process. The estate planning steps you will need to take can become a little more complicated if the goal is to avoid probate, but taking these additional steps is often worthwhile. If you are thinking about trying to avoid Vermont probate, you should talk with a Burlington … [Read more...] about Why Would You Want to Avoid Vermont Probate?
If your loved one has died and left a small estate behind, it is important to talk with a Burlington probate attorney. The probate process is necessary after many deaths, but the specific steps which will need to be taken in order to wind up the deceased person's affairs and to facilitate asset transfer will depend upon many different factors. The size of the estate is one important consideration, as is whether any estate planning or probate avoidance steps were taken before death. While you … [Read more...] about Do You Need a Burlington Probate Attorney for Small Estates?