Comprehensive Archive of Legal Articles and Insights

Estate Planning

Tips For Executor To Assist Probate Attorney To Fasten Probate Process

Probate proceedings can go on for many years. In fact, these proceedings can take away many precious years of an executor’s life. An executor is the one who is responsible for managing the administration of an estate of a deceased individual. The deceased person can name the executor in the will. However, if there is no will, the court can name the executor. The process of probate is not an easy task. A person has simply left for heaven and the next process is to decide the lawful inheritance. But this process can be irritatingly long. The probate laws make sure that the executors get their due share of possessions. This is the reason why courts want to take their

Estate Planning

Should your Probate and Estate Planning Attorney be the Same?

Probating is an intricate process which is time-consuming and requires a lot of legal paperwork. However, one should not confuse Will planning and Estate planning as the same thing. Estate planning includes a plethora of nuances unfound within the structure of probate. This type of planning includes strategizing how to reduce the tax-burden on the heirs. Inheritance property and assets need to be divided in an equitable manner, thus, estate planning acts as security for heirs. It ensures that the heir of the valuable asset receives it without encountering any major discrepancies along the way. Will Planning Will preparation is a reasonably straightforward procedure that includes drafting a final will, along with a testament. Your will can decide who should

Estate Planning

The Expenses Involved in Probate

Having an estate plan ensures continuity of wealth through inheritance, making an estate plan lucrative for families of all classes. If an individual does not know the nuances of probate, it might be a very expensive affair for him/her. Without any premeditated estate plan, an individual may end up paying more than he or she should. To have a clearer idea of what the expenses are entailed during probate an individual should first research about what exactly it is. By researching it, one may find the various fees involved, ranging from court fees to attorney fees and accounting fees. By leaving behind your wealth for your children, you are making sure that you are keeping property within the family. Costs

Estate Planning

Challenges in Contesting a Will After Probate

A Will details how the testator’s property and other valuable assets will be distributed amongst his/her heirs. Testamentary Wills are thought of as the final say of the decedent, making sure it is executed the way the testator wants it to be is paramount. In the event a beneficiary is not happy with his share of the assets, he/she should contest the Will within six months in order to raise the chances of legitimizing your claim. Most families are content with their share of the property. It is only when family members feel that they have a claim over certain assets that they contest a Will. Grounds for Contesting a Will During Probate There are many grounds for contesting a

Estate Planning

Backup executors can help the Probate process run smoothly

When an individual makes a Will, the person they select to be their executor may be hail and hearty. But there are chances that the executor may fall into ill health or expire before the Will maker. It is a reality of life that anybody can die unknowingly. Even though it is an unimaginable scenario, one must be prepared for it. If the executor predeceases the Will maker, someone he/she is unknown to or might not trust as much as the primary executor oversees the estate. In that case, this also complicates the Probate process. Appointing backup executors by amending the Will can help avoid this situation. Who is an Executor? An executor is a person who is in charge

Estate Planning

Devise an estate plan that best suits one’s needs

Estate planning benefits all, whether one has a large estate or a small one. Formulating an estate plan makes sure that assets and property get distributed as per the deceased’s wishes, with the least amount of delay. Estate planning mainly allows one to decide who should benefit from his/her estate and to what length. It also ensures that the taxes imposed on the assets do not cause any harm to the estate. In addition to this, it encourages one to make crucial decisions like choosing healthcare programs and appointing a guardian for children. The most crucial instrument in estate planning is the Will, which narrates the inheritance of the property. No Will probate can lead to the beneficiaries not receiving

Estate Planning

The absence of a Will can make the Probate process troublesome

Will is the lawful proclamation of a person’s intent, which they wish to perform after death and decide who should manage their property until its disposition. Probate is a lawful process that administers the distribution of one’s assets after death. It’s a copy of the Will attested by the court to grant the management of the estate. Probate becomes vital if the Will consists of immovable assets. But, what happens if one dies without a Will? If one dies without a Will, they become “intestate.” In this case, the local court appoints a personal representative for the individual, mainly a surviving spouse or children, but the assets remain frozen until then. Dying without a Will can make the process even

Estate Planning

Probate process success depends on the executor

While drafting a will, an individual needs to name an executor in the will who will act on behalf of him/her after his/her death, the testator must authorize an intellectual and trustworthy person with this responsibility. The executor performs all the required tasks in the probate process. He/she makes sure that the desires and wishes of the decedent mentioned in the will be fulfilling. The executor performs all the legal tasks on behalf of the testator after his/her death. He/she is responsible for initiating the probate process by filing a petition in the court. The executor makes sure that the drafting of all the required documents gets done according to the state laws. He/she clears out all the pending dues

Estate Planning

Probate lawyer ensure efficient completion of tasks

Everybody owns some estate, which they want to get transferred to their loved ones after their death. The estate of the deceased gets transferred to the heirs through the probate process. The executor named in the will executes the process. Probation is a simple process but gets complicated when the decedent’s estate is big. The executor must have the required skills to deal with such probation cases. If the executor is incapable of handling the process, then he/she should hire a probate lawyer. The lawyer distributes the estate according to the deceased’s desire. The probate process involves a lot of tasks which the executor finds challenging to complete. Any mistake in the probate process will lead to the transfer of

Estate Planning

Probate administers the distribution of the deceased’s assets

Probate is a process to execute the will of the decedent and distribute his/her assets. The executor of the will executes the probate process in a probate court. Many people have the misconception that preparing a will is only for the wealthy ones. Will is a legal document required by every family irrespective of their wealth. Estate planning plays a vital role in securing your future as well as your family’s so, without an estate plan, it’s obvious to face problems while administering the assets after your death. Will is an essential aspect of estate planning. Estate planning doesn’t only involve the estates of the planner but many other things. A poor and a middle-class family also need an estate

Estate Planning

Suggestions To Smoothen The Probate Process Through Estate Planning

To smoothen the Probate process, it is advisable to create an estate planning strategy that helps your family gain access to assets after your die. A personal representative is an attorney acting in the best interest of a decedent during probate. Furthermore, he/she is responsible for employing the use of clauses from the UTMA and UPC during the Probate process. It is the job of the attorney to make sure there is a mutual understanding between the client and the attorney regarding the estate plan and the Probate procedures. When estate planning is not in tandem with the probate laws, various complications arise. This occurs in the form of enactment of Intestacy laws, property getting seized, etc. The existence of

Estate Planning

Probate

Whenever one of our family members dies, it is one of the most challenging time of our life. During this time, we go through a lot of emotions and hardships, which is why it becomes tough to think straight and make proper decisions. We need to plan the funeral, work out the Will, and to distribute assets in a short amount of time. Therefore, it is essential to stay calm and composed during a probate process. If you need any help or guidance, you can always hire a probate lawyer. In this article, we will look at the five necessary steps in a probate process. Probate Process Probate is the legal process of transferring assets to the decedents as per

Network Insights Archive

Sponsored Stories

Tips For Executor To Assist Probate Attorney To Fasten Probate Process

Should your Probate and Estate Planning Attorney be the Same?

The Expenses Involved in Probate

Challenges in Contesting a Will After Probate

Backup executors can help the Probate process run smoothly

Devise an estate plan that best suits one’s needs

The absence of a Will can make the Probate process troublesome

Probate process success depends on the executor

Probate lawyer ensure efficient completion of tasks

Probate administers the distribution of the deceased’s assets

Suggestions To Smoothen The Probate Process Through Estate Planning

Probate

Subscribe To Our Newsletter