probate attorneys
When a loved one passes away, you must settle their estate. Probate is a legal process of settling a person’s estate after they pass away. This process ensures that debts are paid, assets are distributed according to the will (or state law if there is no will), and legal matters related to the estate are resolved.
However, probating an estate is just one legal process for settling your loved one’s estate. Other legal avenues, including avoiding probate, may be available depending on your loved one’s estate.
Transparent pricing. We are one of the only firms that handles probate matters on a flat fee schedule. A flat fee is a set price for legal services, meaning you know exactly what you'll pay upfront—no surprises, no hourly billing. This helps reduce the costs associated with probate to maximize your loved one’s estate.
Always Accessible to Our Clients. We believe that strong communication is key to effective legal representation. When you work with us, you’re never left in the dark. We prioritize accessibility, keeping you informed at every stage of the process and ensuring you have direct access to your attorney when you need answers.
Building Lasting Relationships. Our clients are more than just a case file; they are individuals, families, and community members. Our goal is to establish trust and provide ongoing support, ensuring you and your family have a partner as you navigate probate and estate planning matters.
where to start
The probate process begins with filing a petition in the probate court. This initiates the formal proceedings and appoints an executor or personal representative to manage the estate.
All interested parties, including beneficiaries, heirs, and creditors, must be notified of the probate proceedings. This allows them to participate in the process and assert their rights. This notification is typically done through legal notices published in newspapers or by direct mail.
Once the petition is filed and interested parties are notified, the executor must create an inventory of the decedent's assets and have them appraised to determine their value. This step ensures transparency and accuracy in the distribution of assets. The inventory may include real estate, bank accounts, investments, personal belongings, and any other assets owned by the decedent.
Before distributing assets to beneficiaries, the executor must settle any outstanding debts, including taxes and creditors' claims. This ensures that the estate's obligations are met. The executor is responsible for identifying and notifying creditors, paying valid claims, and disputing any questionable or fraudulent debts.
Once all debts and taxes are settled, the remaining assets can be distributed to the beneficiaries according to the decedent's wishes or the probate laws. The distribution may involve transferring ownership of assets, selling assets and distributing the proceeds, or setting up trusts for minor beneficiaries.
After all assets have been distributed, the executor files a final account with the probate court, providing a detailed report of the estate's administration. This account includes all financial transactions, distributions, and expenses incurred during the probate process. Once approved, the court closes the probate case, and the executor's duties come to an end.
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In case of disputes or challenges to the will, trust, or the probate process, a probate attorney represents the executor or beneficiaries in court and safeguards their interests. They help resolve conflicts, negotiate settlements, and advocate for their clients' rights in litigation, if necessary. This may include contesting the validity of a will or trust, disputing asset distributions, or defending the executor's actions against allegations of misconduct.
If the estate involves significant assets, multiple beneficiaries, or complex legal issues, a probate attorney's expertise becomes crucial in managing the intricacies of the probate process. They can navigate the complexities of estate tax laws, address business succession planning, handle trusts and charitable giving, and ensure compliance with all relevant legal requirements.
Probate Attorneys
A probate attorney specializes in probate law and provides legal guidance and support throughout the probate process. Their expertise helps ensure that the estate administration complies with the law and that the interests of all parties involved are protected. A probate attorney can also help shoulder the burden of settling a loved one’s estate shortly after their passing. Here are some key roles a probate attorney fulfills:
If a valid will exists, a probate attorney helps interpret its provisions and ensures that the decedent's wishes are carried out correctly. They review the language used in the will, clarify any ambiguities, and advise the executor on how to distribute assets in accordance with the decedent's intentions.
If a trust exists, a probate lawyer can assess whether the deceased person has any remaining assets that are not subject to the trust and determine whether probate is necessary, or if an alternative to probate exists.
If neither a will nor trust exists, a probate lawyer can help you understand how the deceased person’s property is to be distributed according to state law.
A probate attorney guides the executor / personal representative through each step of the probate process, ensuring that all legal requirements are met, and deadlines are adhered to. They help prepare and file the necessary documents, respond to court requests, and address any issues or disputes that arise during the probate proceedings.
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