Wills and Probate

Will and probate attorneys focus on issues associated with the distribution of a deceased person’s property. Probate, or “probating a will,” is the court process by which a will is proved valid or invalid and involves lawyers and court fees that are paid from estate property. The process of probating a will is more complicated than you might think and involves significantly more than merely a list of what gets willed to whom. A typical will names specific beneficiaries; beneficiaries are person(s) who are eligible to receive distributions from a trust or will. It is advisable to appoint someone you trust to serve as the executor of your will, as the executor will manage your estate and ensure that the terms of your will are followed. It is important to note that beneficiaries will be responsible for tax payments if the estate is taxable. The American Bar Association provides further, more detailed information on the will process.

How an Estate is Settled if There is No Will

If you do not have a will the state government decides who gets your property and assets, referred to as “intestate succession” or “intestacy.” Intestate succession varies by state so it’s to your benefit to consult with a lawyer experienced in wills and estates legal services for the state in which you reside. An experienced attorney can ensure that your will is legal to the fullest extent allowed by the laws of your state. For more information on types of wills see our FAQ page.

Trusts

It has become fairly common to use a trust instead of a will to transfer high-value assets upon time of death.[citation] In a trust, you bequest, or “gift,” your personal property to a person or entity upon your passing away. A trust is different from a will mainly in that trusts usually allow you to avoid probate and/or estate taxes. Another benefit of a trust is that it stays private, unlike a will, which becomes public after the property owner dies. A basic estate plan or will addresses what happens to your property and your children upon your passing. More complex estate plans or wills can plan for what happens if you are in a position where you can no longer take care of your own affairs. Since the legal requirements of each state vary greatly it is essential that your will, trust, or estate plan is executed properly by an experienced attorney.

Related Posts
Why to discuss your legal issue with multiple lawyers ?
Cases vary in issues, facts and remedies. Some of them are intertwined with other cases or an offshoot of one issue. Others file cases which are simply asking for clarification ...
READ MORE
Landlord tenant law
Landlord tenant law of a dwelling house or a residential building is governed by tenancy law which applies real estate property law and contracts in leasehold estates. If you are ...
READ MORE
Adoption Legal Services
Adopting a child can be a wonderful experience and fortunately, most adoptions work out well for everyone involved. Adoption is a legal process that ends the rights of the biological ...
READ MORE
Why driving and cell phone usage shouldn’t be mixed?
Cell phones are technologically advancing at a significantly fast pace. Before, you can only use it to text and call. Now, you can use it to browse the internet, send ...
READ MORE
How to hire a real estate attorney?
It's really a great idea to hire a real estate attorney early on because it will help you save more time and money as well as defend you from various ...
READ MORE
Investing in commercial property: know the pros and cons
A commercial property, just like any other real estate, is a good investment. Examples of commercial properties include office buildings, retail buildings, industrial buildings, warehouses, apartment buildings, and properties that ...
READ MORE
How to fight traffic tickets (Top Strategies)
If you think you don’t deserve the traffic ticket you got, you can exert effort to fight it off. There are certain strategies you can do to successfully fight traffic ...
READ MORE
What happens in a traffic ticket jury trial?
Just like any trial in front of a judge, the jury will be selected, and then the judge or clerk will have the jurors sworn in. Most traffic ticket jury trial ...
READ MORE
Rules for Landlord while Evicting a Tenant
To file tenant eviction case against a tenant, make sure you have served a written notice, especially because it is part of the termination statute of the state. If the ...
READ MORE
Different investment property purchasing options
Investing in real estate property has become a trending way to earn a profit for the last 50 years. It is important to learn the different property purchasing options and ...
READ MORE
Why to discuss your legal issue with multiple
Landlord tenant law
Adoption Legal Services
Why driving and cell phone usage shouldn’t be
How to hire a real estate attorney?
Investing in commercial property: know the pros and
How to fight traffic tickets (Top Strategies)
What happens in a traffic ticket jury trial?
Rules for landlord while tenant eviction
Different investment property purchasing options