Comprehensive Archive of Legal Articles and Insights

Estate Planning

How Can You Contest A Probate In Court?

Probate is a process that verifies the will where a person mentions who shall take over his belongings after his death. It is very important to make a will, as it helps future generations to know about you and your wishes. Once a person passes away, their possession should be taken for the probate process. However, in order to do that, the person must have a will ready. There are several reasons why people can challenge a will. Therefore, make sure that the will has a viable and water tight beneficiary. What Is Contesting A Will? Before contesting a will, you should know what it is. In simple terms, it implies that you do not like the validity and terms

During Probate Which Assets are Set Aside Without Considering

Estate Planning

There are many ways to avoid probation of assets

Everybody has a typical thought process that the deceased’s assets get transferred to his/her heirs through the probate process. What if I say that this is not true, and there are some assets that don’t go through the probate process. Usually, the assets that are only titled to the deceased comes under the probate process. These assets get distributed among the heirs according to the instructions in the deceased’s will. Without a will, the court distributes the assets by appointing a personal representative. Non-probate assets are the assets that don’t come under the probate process. This type of asset directly gets transferred to the heir or beneficiary after the owner’s death. If you own non-probate assets, then your loved ones

Estate Planning

What Happens To Unpaid Bills During Probate

When a family member dies all of a sudden, have you wondered what would happen to their debts. A lot of people think that they will have to pay from their pocket to pay off their family members debts. We have seen many people fall for such a scenario during the probate process. An individual will have many unpaid debts during their lifetimes. You go through education loans, mortgages, or any other credit facility, every human is destined to have obligations in their life’s, unless if you are rich. What Is Probate? Before we get into seeing what happens to someone’s debt when they die, we will look at the probate process. It is a legal process, where the executor

Estate Planning

Probate Laws Concerning Hiring Of Probate Attorney From Another State

A probate attorney is basically a lawyer who has the license to understand the probate laws. The lawyers can give advice to estate executors as well as beneficiaries. The attorney holds the right experience to handle personal representatives through the probate process. Now, when you want to hire an attorney, you want only the best in your own state. Someone who holds the expertise in this kind of legal matter and stays in your state as well. The best deal is that such an in-state attorney holds the right knowledge about the probate laws and regulations of your state. However, when you are dealing with a case in another state, you require an out-state attorney. How do you do it?

Estate Planning

What happens during probate if an asset is not assigned a beneficiary

This is a normal question which people often think about estate planning. What happens when an asset does not have a beneficiary in a probate? Well, the answer lies with a probate attorney. He can help you get a perfect solution for this question. When a family loses a loved one, they have to face various issues. One major issue is concerning financial issues, especially the probate ones. However, what happens if the deceased person did not assign a beneficiary for the assets? In that case, what will happen to the asset? Who will take it? Can the court help in this regard. Well, your probate attorney becomes an indispensable asset during this time. Probate laws can be complex in

Estate Planning

Is Probate essential?

Before getting on the importance of probate, one needs to learn what it actually is. It is a process crucial for transferring people’s assets to their heirs after their death. For that, you need a will, which is a legal declaration of a person that shows their intention regarding their possessed asset. The declaration will be documented in a substantial way. The will has certification under the jurisdiction, and it has the grant of entering the estate only for the people who have their names in it. The will can represent movable and immovable properties. It is the only way one can protect the property. In order to learn the importance of the will, one needs to understand what a

Estate Planning

How can a good probate attorney help the process?

People are very protective when it comes to their eternal belongings. But what is after death? People can take their belongings along with them. So, people look for probate to secure their property, and this is widely known as will. In the will, the person declares their wish to distribute the property or assets to other surviving members of the family. Often the ‘will’ also has the direction regarding debt settlement once the asset owner is gone. So, let’s talk about the attorney, who drafts the planning, What is a probate attorney? This kind of lawyer is also widely known as a trust or estate lawyer. They help in managing the planning process for the estate. Apart from planning, the

Estate Planning

Are you liable to pay estate tax during probate?

When someone passes away, their inheritances and estate become liable for taxation theoretically. However, in reality, most of the estates are quite small to subject a federal estate tax on it. According to the recent law, only if the value of a deceased person’s asset comes to $11.58 or more, they are liable to pay tax. Even most of the states do not have an estate tax or an inheritance tax. In case your estate is subjected to taxes, then someone has to prepare, file, and sign the tax return of an estate. Now, the question arises: who will pay the bill? Whether your beneficiary, personal representative, or successor trustee? Well, the answer depends on various factors of probate. What

Estate Planning

How does a probate attorney simplify the process?

Probate includes a process where debt settlement of the decedent takes place. The beneficiaries and heirs get the property as mentioned in the will. In simple terms, this is an official process of proving a will as decedent’s last testament. The whole process is done to complete the administration of the decedent’s estate only after death. Now, one might find it tough and tries to avoid the process. In this case, only an attorney can guide you in the right way. Choosing the right attorney, in this case, is of utmost benefit as they can simplify the process for you. Most of the responsibilities are on them. This includes collecting and reviewing the assets, important court report preparation, and creating

Estate Planning

Documents required during probate

Probate is the process of sorting out somebody’s assets, property, estate, money, and possession after they have passed away. If we make it simple, it is a legal declaration of the intention of a person who is making a will concerning his or her property. Someone desires it to carry into effect after his death. Being a legal process, it involves various aspects. Let us check some of the important factors regarding the process and documents needed during this court of proceeding. However, there is a lot of confusion regarding the procedure and documents needed during the process. In this article, we will know about the procedure and the documents needed during the process. Advantages of a Probate Will: There

Estate Planning

Do Not Fear Probate- Hire a Professional Lawyer to Help

Probate is a legal process used for administering an estate of a person who is deceased. This particular process takes care of all the distribution and settlement of the assets. The process was created with an idea of guiding the will for legal acceptance and help in appointing an executor. Moreover, it is also used for wrapping up all the financial and legal affairs of that particular person after death. Most of the time, people fear about the process because it is considered as objectionable and stressful. Hence, people fear to talk about it. Some of the other reasons for which people avoid the process are because it is time consuming, complex, and expensive. However, fearing the process is not

Estate Planning

How to save taxes on your estate during probate?

An estate tax can be referred to as the charges on the estates for those whose value exceeds the limit that is set by the law. Now the exceeded amount is subjected as tax. Moreover, the tax is charged to the deceased person by the state. However, nobody wants to pay excessive taxes. Mostly while paying tax, we think about strategies that can reduce the tax costs. Hence, proper planning and preparation are required. It will make you prepare for the unthinkable things. To ensure that all your assets are well cared for, this is one of the most effective planning that one should perform. If you are thinking about ways to reduce tax on your estate during probate, here

Network Insights Archive

Sponsored Stories

How Can You Contest A Probate In Court?

There are many ways to avoid probation of assets

What Happens To Unpaid Bills During Probate

Probate Laws Concerning Hiring Of Probate Attorney From Another State

What happens during probate if an asset is not assigned a beneficiary

Is Probate essential?

How can a good probate attorney help the process?

Are you liable to pay estate tax during probate?

How does a probate attorney simplify the process?

Documents required during probate

Do Not Fear Probate- Hire a Professional Lawyer to Help

How to save taxes on your estate during probate?

Subscribe To Our Newsletter