PROBATE GUIDE
WHEN AN ESTATE ENTERS PROBATE, MANY PEOPLE FIND THE SITUATION DAUNTING AND COMPLICATED
Time consuming meetings and complicated jargon can worry even the most competent beneficiaries. While rules do change from state to state, we can help you understand your rights and avoid unnecessary lost time. Don't go through the probate problems along, we're here to help you.
FILE A PETITION TO GIVE NOTICES TO HEIRS AND ALL OTHER BENEFICIARIES.
THE PROCESS ONLY REALLY BEGINS ONCE ALL PARTIES ARE MADE AWARE OF THE PROCEEDINGS AND WILL DECIDED AS A GROUP WHO THE EXECUTOR OF THE WILL AND ADMINISTRATORS OF THE ESTATE WILL BE IF IT’S NOT ALREADY LAID OUT IN THE WILL. IN MOST CASES THIS WOULD BE WHEN ANY HEAR WOULD HAVE A CHANCE TO APPEAL OR PETITION AGAINST THE PROCEEDINGS IN COURT. THIS STEP ALSO INCLUDES MAKING A POST IN A LOCAL NEWSPAPER ABOUT THESE HEARINGS SO AS TO DRAW OUT ANY UNKNOWN CREDITORS OF THE DESCENDENT AT THE BEGINNING OF THE PROCEEDINGS. ONCE THIS IS COMPLETED WE BEGIN TO UNDERSTAND THE COMPLEXITY OF THE ESTATE AND ALL IT’S CREDITORS AND CLAIMS.
ISSUE NOTICE TO ALL KNOWN CREDITORS OF THE ESTATE AND TAKE A FULL INVENTORY.
ONCE SOME FORENSIC ACCOUNTING AND DIVING INTO THE BOOKS IS DONE A FINANCIAL PICTURE OF THE ESTATE BECOMES CLEARER. ONCE THE COURT APPOINTS THE PERSONAL REPRESENTATIVE THEY MUST GIVE WRITTEN NOTICE TO ALL CREDITORS OF THE ESTATE BASED ON THEIR STATE LAW THAT MAY WISH TO MAKE A CLAIM ON THE ESTATE THAT THEY MUST DO SO IN A LIMITED PERIOD OF TIME. IN SOME CASES AN INDEPENDENT APPRAISER IS NEEDED TO ASSESS NON CASH ASSETS AND TO TAKE ACCOUNT OF STOCKS, BONDS AND OTHER INVESTMENTS.
PAY ALL ESTATE AND FUNERAL EXPENSES, DEBTS AND TAXES FROM THE ESTATE.
IT’S THE JOB OF THE PERSONAL REPRESENTATIVE APOINTED BY THE COURT TO MAKE SURE THAT EACH VALID CLAIM FILED BY CREDTIORS ARE PAID AND ANY OTHER FINAL BILLS FROM THE ESTATE. IN MANY CASES THE ESTATE MAY BE FORCED TO LIQUIDATE SOME ASSETS IN ORDER TO BE ABLE TO AFFORD THESE DEBTS. WE CAN HELP YOU TO CHOOSE WHAT TO KEEP AND WHAT TO SELL AS WELL AS WHAT IS PERMITTED FROM STATE TO STATE. ONCE ALL LOOSE ENDS ARE TIED UP AND ALL DEBTS ARE COVERED IT WILL BECOME CLEAR WHAT IS BEING LEFT BEHIND TO DEAL WITH AFTER ALL OBLIGATIONS ARE MET.
TRANSFERRING TITLES AND PROPERTY.
ONCE SOME FORENSIC ACCOUNTING AND DIVING INTO THE BOOKS IS DONE A FINANCIAL PICTURE OF THE ESTATE BECOMES CLEARER. ONCE THE COURT APPOINTS THE PERSONAL REPRESENTATIVE THEY MUST GIVE WRITTEN NOTICE TO ALL CREDITORS OF THE ESTATE BASED ON THEIR STATE LAW THAT MAY WISH TO MAKE A CLAIM ON THE ESTATE THAT THEY MUST DO SO IN A LIMITED PERIOD OF TIME. IN SOME CASES AN INDEPENDENT APPRAISER IS NEEDED TO ASSESS NON CASH ASSETS AND TO TAKE ACCOUNT OF STOCKS, BONDS AND OTHER INVESTMENTS.
PROBATES AND TAXES SHOULD NOT SCARE OFF SELLERS, WE CAN HELP THEM ORGANIZE AND PREPARE FOR THE WORST WHILE HOPING FOR THE BEST.
We will help you organize and prepare for the worst while hoping for the best. Family is family. We are a family owned and operated business, and we care about what happens to our clients during what can be very difficult and emotional times.
- If you are estranged from family members, but are a rightful heir to an estate, you have legal rights. We will pay for your consultation and get you in touch with our attorney, who can walk you through the process and educate you on your shared ownership rights.
- If you find yourself named in a lawsuit over an estate we will cover your consultation fee with our attorney or one of your choosing to walk you through how to proceed with the division of assets.
- Pulling value out of a co-owned estate can be complicated. So, we will help you understand your options and can show you ways to get early access to the resources that are tied up in disputes.
- We will go above and beyond to assist you in defining your rights as an heir, and not only give you cash for your inherited property, but peace of mind knowing it’s in good hands.
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