Do you have a family member who has recently passed away? Our condolences go out to you and your family during these difficult times.
During these times most families will have questions about the transferring of the deceased person's estate. This is when our Probate & Trust Administrative work is needed most. The process can be quite daunting depending on whether there was a well-planned Will or Trust in place or not.
We assist clients through the post-death process by providing advice and documents to transfer assets to beneficiaries under wills and trust agreements. We do this by representing the executors and trustees to assist them with estate and trust administrations, including claim issues, beneficiary problems, tax complications, and distributions of assets.
Many of our cases involve complex issues relating to heirship (due to deaths without a will) and sometimes even issues of law involving other states and countries. We also represent clients in contested probate matters, including will and trust contests, and we frequently participate in fiduciary litigation (i.e., actions against executors, trustees, guardians, and agents under a power of attorney).
Whether there was a plan or not, we'll stick with you during these difficult times and help you get through the entire process. Some cases may take longer than others depending on your situation, plans, and certain assets.Call Us To Schedule A Consultation
Is Probate Necessary Even With A Will?
Once a family member dies or become incapacitated, the probate process begins. It is encouraged that families go through the probate process even if there is a will in place.
With a will in place, however, makes the probate process less difficult and much quicker. The reason is the person who died usually appoints one person to become the executor. An executor simply handles the taxes, pay off debts, and distributes the deceased person’s assets.
Although it would be great if all scenarios were as easy. Most cases involve a much more complicated situation.
This brings up the question, can you avoid probate?
Yes, for certain assets you do not need probation. These are life insurances, bank accounts, and various investment accounts. For them to be distributed to the beneficiaries require a death certificate.
Like a Will, But Can Avoid Probate Altogether
Other ways to avoid probate is to create a trust or have a trust in place.
Trusts are very similar to wills. It’s just that with a trust you won’t have to go through the process or probate as a will does.
Why is this great?
Simply because a trust reduces cost from having to go through probate, reduce taxes on properties and assets, and avoid court fees and probation costs.
Upon death, a trust will allow all assets to be easily distributed amongst your family members who you named as beneficiaries in your trust or will.
Call us and see if a will or trust would be best for you.