Entrust Complicated Probate Matters to an Experienced Attorney
Probate is the process of validating a will and retitling property after a person dies. Although some families can do this without the help of an attorney, those with complicated estates often benefit from the assistance of a skilled legal professional. There are a number of matters that might need to be addressed, and having an experienced attorney could make it easier for a grieving family to settle their estate. Whether the loved one died with or without a will or with all of their property in a trust, an attorney who focuses on probate matters may be a valuable resource.
If the deceased person had a valid will, their wishes will be considered by the court. When there is no will, the death Probate process should focus on the legal rules of inheritance. The court will make an attempt to contact all interested family members to give them an opportunity to challenge the will. Real estate, artwork, motor vehicles, business and other assets may need to be appraised to determine their value before they are legally transferred to beneficiaries. The attorney for the family typically oversees this task. Courts decide how real estate held only in the decedent’s name, bank accounts without a beneficiary on file, and personal property not accounted for in the will are distributed after all the decedent’s debts are paid. An attorney might file the final tax return, ensure all the debts are settled, and properly transfer all remaining assets to the decedent’s heirs.
Proactive people transfer all of their assets into a trust to make it easier for their family members to get the property they intend for them to have following their death. When a trust is in place, a family may be able to avoid all of the death probate hearings. The trust documents should outline the beneficiaries of each of the assets held in the trust. An experienced probate attorney may help with the administration of the trust. While some trusts transfer assets completely, many parents prefer to have control over how cash and property are given to their children. Since this option isn’t available with a will, those who desire this type of control should talk to an attorney about setting up a trust as soon as they decide they want to use one. As the trustee, an attorney could fulfill all of the directions in the trust, including dispersing funds on specific dates and evaluating emergency requests.
Experiencing an unexpected death can be difficult for a family. Working with an attorney who has been helping grieving families resolve their probate or trust administration issues for many years might make the process much easier.
Humor and kindness, and understanding. Although planning for this stage of life can feel very stressful, John made this, a wonderful experience.
Working with Mr. Horn has been an extremely positive experience for both my business and personal life.
John was very helpful and knowledgeable. The estate planning work he did for me was excellent and I would highly recommend him for similar work.
John did such a great job on our living trust!”
We were so grateful to John for all of his help! He gave such clear & concise answers to some very confusing questions.
Dera, you and Kayleigh did a marvelous job on our Living Trust and related documents. I am very pleased and continue to be very impressed with you and your staff. I will certainly recommend everyone I can to you for the legal services in which you specialize.
John Horn is easy to talk to and understand. His work is thorough and his competency and knowledge are expert. We were very pleased with the estate planning process and the final result. He is an outstanding lawyer.
Dera Johnsen-Tracy is an outstanding person to work with. She is very knowledgeable, and her attention to detail is amazing. She would be a great asset to anyone looking for an estate planner!