Category: Probate Law

Finding the Right Probate Attorney for Your Case

Probate AttorneyA qualified Probate Attorney will help to manage a deceased person’s estate. This includes identifying and amassing assets, paying creditors, and distributing final assets to the heirs and beneficiaries. When a dispute arises over the estate, such as a will contest or breach of fiduciary duty claim, it is important to work with an experienced attorney that has a proven track record of success in these types of cases.

There are many things that you can do to find the right lawyer for your case, such as asking for recommendations from family and friends or scanning the local newspaper. However, you may still be struggling to find a probate attorney that fits your needs.

One thing to look for is whether the lawyer genuinely cares about the issues you are facing. This will make a difference in how smoothly the process goes, as well as how much stress you experience along the way. A good lawyer will also express empathy for the challenges you are experiencing, and will be willing to listen to your concerns and address them accordingly.

Another aspect to consider is whether the attorney has extensive experience in probate law. You should always choose a firm that focuses solely on probate, as this will ensure that the case is handled correctly and efficiently. It is also a good idea to choose a firm that is familiar with the judges in your area, as each judge has a unique way of handling cases.

In addition to assisting with the probate process, a New York Probate Attorney can help you plan your own estate and avoid the need for probate down the road. They can assist with the creation of revocable trusts, power of attorney documents, living wills, and other legal instruments. Additionally, they can help you reduce your tax burden through proper estate planning.

During the probate process, there are often disputes that arise over various aspects of the estate. These issues can include allegations of unauthorized transactions, creditor claims, and more. A skilled New York Probate Lawyer will be able to resolve these disputes quickly and efficiently, so that the estate can be distributed to the beneficiaries.

Disputes involving an estate can become complicated and contentious very quickly. At Stawicki Law Office, we have extensive experience in resolving disputes involving contested wills and trusts, breach of fiduciary duty, financial abuse of elderly persons, and guardianship litigation. When you need an experienced, compassionate attorney to represent you, contact us today to schedule a free consultation. We will thoroughly review your case and recommend the best course of action going forward. We are available to discuss your situation in person at our offices or over the phone. We can also provide you with a list of recommended attorneys in your area. We independently verify all lawyers on our site, including their credentials, experience, and standing with the Illinois bar associations. We do this to provide you with the most trustworthy and up-to-date information.

Probate Process- Approval of Wills, Determination of Inheritance and More

Probate is simply the legal process through which a will is either “approved” or “disapproved” by a court of law and deemed to be a legally binding document. Probate usually involves a complex set of official procedures which are governed by state probate law, said Georgia probate attorney. The purpose of probate is to settle the estates of individuals who die without making any will. Once the probate court makes its decision regarding the estates it reviews the process and usually renders its final ruling on the matter.

Some states allow for the use of “contingency funding” through probate to settle estates without any court action. This is referred to as “contingency” and works very much like the manner in which most life insurance policies are structured: the policy holder makes a regular payment into a trust fund, which is used to pay any outstanding costs and administrative fees associated with the estate, and then is dispersed to the beneficiaries of the policy. In cases where there is no will there will always be some method by which the deceased person’s property can be distributed. However, if there is a will, there is also a strong possibility that there may be a substantial amount of litigation as everyone attempts to assert their rights to inheritance property.

 

There are two types of probate procedures in which people attempt to claim their estates: direct probate and indirect probate. Direct probate occurs when the court order is made directly to a particular individual managing the estate; the court appoints a personal representative to handle the estate and manages the assets at the time of death. Immediate family members will not usually have any direct connection with the decedent, although they may become involved if they have special financial interests in the decedent’s estate. Indirect probate occurs when the court does not appoint an individual to manage the estate, but allows an appointed individual to act as an agent for the decedent’s representatives. These representatives then try to identify the remaining assets and distribute them amongst the beneficiaries according to what is stated in the will or court documents.

 

Most of these Probate procedures take place during the last stages of someone’s life, prior to dying of natural or medical causes, or immediately prior to death of a minor. Those who are extremely ill or seriously injured can have a difficult time determining the proper method of distribution, and can also face stiff penalties if the process is not properly handled. Many times there is no need for a court formal probate procedure, as the wishes of the person are taken into consideration and a more reasonable distribution can be determined.

 

georgiaprobateattorneys.netMany people choose to have an executor to handle the probate process. An executor is a person who serves as the “personal representative” of someone else and is responsible for looking after that person’s personal affairs. An executor must file paperwork with the court, as well as providing financial statements and tax information to the court, which it must confirm the accuracy of. The court will also approve the final will and probate process before issuing any final approvals. Many people feel more comfortable having an executor present during the probate process, as they are often neutral and can better explain what is required and what can be done.

 

Probate is something that can be rather complex, as there are many little details that are easily overlooked, said Georgia probate attorney. For this reason, people prefer to use simplified methods of handling their estates, so that their final wishes are followed and their inheritance is distributed as they would like. Small estates can be handled using simple Probate Procedures, which simplifies the entire process, leaving heirs with only one obligation. Many people find that using a probate procedure with a simplified setup is much easier on their estate and can help them keep everything as organized as possible, with little risk of any issues or disagreements.