Comprehensive Archive of Legal Articles and Insights

Estate Planning

Can You Avoid Probate Completely?

When grieving the demise of a loved one, a complex financial and legal procedure is the last thing you would like to handle. But most of the time, that is exactly what happens when the near and dear ones of a deceased need to undergo the probate procedure. The family members of the decedent need to understand this process as it can keep them away from getting caught by surprises. Many questions need to be answered here. These include questions like who will be taking charge of the will after a person dies; is there any way to avoid the lengthy probate procedure, and what happens if the person dies intestate. Well, taking up the question of whether a will

Estate Planning

Challenges You Will Face during Probate

The probate procedure is specifically designed for facilitating the transfer of estate assets from the deceased to his or her beneficiaries. There are different steps involved in the process like estate valuation for tax purposes and the scope for creditors to come up with claims. In situations when the decedent has left behind a will, the process is relatively simple and straightforward. But most of the time, several problems can arise during this procedure. To face the challenges during the process, it is always advisable to take proper help from the attorneys working in this field. Probate lawyers can offer legal representation to the ones facing the problems. Some Common Issues That May Arise During the Probate Procedure In almost

Estate Planning

Can You Include the Care of Your Pets in Probate?

Many individuals often miss out on thinking about what will happen to their pets if they are no more. This is a very difficult subject to take into account. But it is also one of the most significant subjects to address sooner than later. Animals outliving their owners need to go through uncertain fates. If the circumstances are good enough, the close friends or the family members take up the responsibility of caring for the pet after the owner’s demise. But in case no one takes up the responsibility, the pet is either euthanized or sent to a shelter. In extreme cases, they show the front door. So, it becomes important for the pet owners to include the care of

Estate Planning

How can you become the personal representative of a dead parent during probate

Death news of a close one who can be your family members or your loved ones is miserable. And if they are your parents, then it is tough to explain. Firstly you give some time to yourself. If you get ok with the situation, you have to look after all of your parents’ estates by being a personal representative. Though all of this probate work takes time and patience, this probate process is much safer for your future. Look at some questions to have a detailed explanation- What do you mean by a Personal Representative? A personal representative is a trustee or agent of an expired person’s estate. They present themselves on behalf of the heirs of the property or

Estate Planning

Do All Estates Need A Probate?

If a descendant leaves a will directing to whom his property must be left or distributes it before his death, then the probate court will decide if it should be given proper effect. Nevertheless, if the descendant leaves no will behind, then the court will appoint a Personal Representative in order to distribute the property according to the laws of the Descent and Distribution. The laws are usually distributed based on hereditary succession. Additionally, this process includes collecting all of the descendants assets, liquidating liabilities, paying the taxes and distributing property to the heirs. The procedures concerning that of probate are governed by state laws. The laws associated with the probate, have often been a subject of major debate and

How can you locate documents needed during probate?

Estate Planning

what kind of documents are needed during probate?

Probate is a legal process where you can get all the permission to be an official heir from the high court. For every vast and small estates, it is a necessity that the property should be highly secured. Though it is a simple process, you have to arrange all the documents carefully to avoid further complications. And make sure that all the documents are original because anyone can access the probate documents, so the chances of fraud are high. Documents required for the probate process: Locate the Decedent’s will or testament : The point is to check whether the decedent person already did a will or not. If the will mentioned any name of the beneficiaries, then it is good

Estate Planning

Is Probate Necessary?

Probate is the term for a legal process. The court reviews a will to determine whether it is valid and authentic. It is actually the process of proving a will. That means making sure the inheritance goes to the right heirs and that all the deceased’s wishes are fulfilled. Yes, Probate is necessary, especially for those who have large estates. It is necessary to at least go through the Probate. Without Probate of a will, tricky legal issues can arise. Let’s take a look of the following questions to solve more queries about probate- What is Probate? Probate refers to the validity of a deceased person’s will or a deceased person’s estate without a will. The court of law proved

Estate Planning

Probate Attorney Brings Immense Benefits During Estate Planning

Do you require a probate attorney during estate planning or not? This is a question that confuses many people. However, a probate attorney is a specialist who can bring his expertise as well as experience to the table. Moreover, the attorney brings along his high level of know-how, combined with ample unforeseen benefits. Now, estate planning requires updating and creating documents, such as healthcare directives, wills, power of attorneys, etc. This is where the attorney comes into the picture. Though many people may be tempted to avail the benefits of online service providers, you may not get what you desire. On the other hand, hiring an attorney can prepare you well for estate planning. Let us walk through the benefits

Estate Planning

Probate Attorney Assists With Estate Planning for Properties In Multiple States

Probate process can be tedious. However, the process becomes more complex when you have properties in different states. This is the reason why people like to hire a probate attorney. An experienced attorney can help in avoiding the nightmarish hurdles resorting to estate planning. Also, with the expertise of an efficient attorney, you can relax well when it comes to estate planning of properties in multiple states. Now, every state has its own share of taxes and property rights. And every property owner needs to abide by these rights. Moreover, specific legal rules ask the estate ruler to follow procedures for the property as per the state. There may be complications if you own properties in multiple states. Thus, it

Estate Planning

Protecting Property From Creditors During Probate

The majority of the populace don’t worry once they die, creditors will line up to receive all their dues from the estate in case it doesn’t require probate. In most situations, the existing relatives of the deceased pay valid debts, such as monthly bills, funeral expenses, taxes, and medical bills. However, you can’t go off the hook from legal obligations to a credit card company or any other creditors. What if you have not left a sufficient amount to clear all the debts and taxes? In that case, once you expire, creditors can claim all the assets that are not part of probate. If there are proceedings related to the probate, the executor (the person who is responsible for handling

Estate Planning

Which Taxes Need To Be Paid During Probate?

According to the Law of a country, the death of a taxpayer citizen generalizes two facts. The first being the date close to the late person’s last year of paying tax, which is to file the income tax return. The other is establishing a different body for tax purposes, which mainly suggests the ‘estate.’ There are certain other rules for federal taxes. Various form fill-ups are required to maintain the taxes. These forms depend on the type of property of the decedent, their income, and even their estate income and probate. Probate – What Is Final Form 1040? Final Form 1040 is the form for federal income tax returns. This form is based on the earning of the decedent. Final

Estate Planning

What Does It Cost To Hire A Probate Attorney?

Right when you are coping up with the death of your loved one, you might have to run to the court for contesting and claiming the will. Most of the people do not know the steps and hire a probate attorney to place arguments in the court on behalf of them. However, a probate attorney can be expensive. However, since there is no definite amount, people tend to hire attorneys. If you are planning to hire a lawyer, know what you are into and how much you will be owing to the lawyer. Who Is Liable To Pay? Before you hire a lawyer, it is important for you to know that the executor is not supposed to pay the lawyers

Network Insights Archive

Sponsored Stories

Can You Avoid Probate Completely?

Challenges You Will Face during Probate

Can You Include the Care of Your Pets in Probate?

How can you become the personal representative of a dead parent during probate

Do All Estates Need A Probate?

what kind of documents are needed during probate?

Is Probate Necessary?

Probate Attorney Brings Immense Benefits During Estate Planning

Probate Attorney Assists With Estate Planning for Properties In Multiple States

Protecting Property From Creditors During Probate

Which Taxes Need To Be Paid During Probate?

What Does It Cost To Hire A Probate Attorney?

Subscribe To Our Newsletter