Category Archives: Probate
Will My Revocable Living Trust Avoid Probate? It Depends.
If you have established a revocable living trust (which we will refer to simply as a trust), congratulations! You are on the right track in creating a comprehensive estate plan. However, you are only halfway there. Many people believe that because they took the time to create a trust, they no longer need to… Read More »
How Does a Wrongful Death Claim Impact Probate Proceedings?
A wrongful death claim and probate proceedings are both civil legal matters that occur after somebody has died. When the death of a loved one is caused by another individual or entity, it can lead to the filing of a wrongful death lawsuit and, ultimately, the awarding of compensation to surviving family members. Probate… Read More »
Why You May Still Have to Open a Legal Probate Proceeding
Probate is the legal process for recognizing the validity of a person’s will after their death and appointing the nominated decision maker. This person, also known as an executor or personal representative, administers the deceased person’s estate and ensures that their money and property are transferred to the beneficiaries specified in their will. If… Read More »
Proper Estate Planning Reduces Probate Issues
Probate is a legal process that happens after someone dies. While probate can be complex, lengthy, and expensive, proper estate planning can mitigate unwanted risks and probate issues by anticipating what might happen and preventing problems before they arise. Sound estate planning can make the probate process run efficiently and smoothly, protecting your estate’s… Read More »
Three Celebrity Probate Disasters and Tragic Lessons
One would assume that celebrities with extreme wealth would take steps to protect their estates. But think again: some of the world’s richest and most famous people enter the pearly gates with no estate plan, while others have made estate planning mistakes that tied up their fortunes and heirs in court for years. Let… Read More »
The Pros and Cons of Probate
In estate planning circles, the word “probate” often carries a negative connotation. Indeed, for many people—especially those with valuable accounts and property—financial planners recommend trying to keep accounts and property out of probate whenever possible. That being said, the probate system was ultimately established to protect the deceased’s accounts and property as well as… Read More »
3 Reasons to Avoid Probate
When you pass away, your family may need to sign certain documents as part of a probate process in order to claim their inheritance. This can happen if you own property (like a house, car, bank account, investment account, or other asset) in your name only and you have not completed a beneficiary, pay-on-death,… Read More »
Notice to Creditors: Understanding the Probate Process
Avoiding probate through legal techniques is a great strategy to save taxes, keep your estate from public proceedings, and avoid the need for court approval every step of the way. It can save you time, frustration, and in many cases, significant attorney and court fees. After your death, your personal representative – sometimes referred… Read More »
How Does the Court Handle Estate Administration?
Probate is the method by which judicial officials, including probate judges, process a decedent’s will. While state probate laws may vary, the general process of estate administration is quite similar across the country. Probate is the process of proving wills for decedents. A probate judge will also oversee cases where the deceased person did… Read More »
What is the Probate Process?
Probate is the legal process for authenticating a deceased person’s last will and testament, reviewing their assets, paying their outstanding debts and taxes, and distributing what remains to their heirs. After an asset-holder dies, the court will appoint the person nominated as personal representative under a valid will to administer the estate of the… Read More »
