what cases are managed by a probate attorney

Estate planning is often handled by probate lawyers. In complex estates, the client may want to place the asset in a trust to avoid federal estate tax. An estate or probate lawyer is well-versed in trusts and wills.

Full Answer

What does a pro-probate attorney do?

Probate means there is a court case that deals with: Does a will exists and is it valid; Determining who are the decedent’s heirs and beneficiaries; Understanding how much the decedent’s property is worth based on appraisals, etc.; Managing the decedent’s financial responsibilities, i.e., …

Who pays for probate attorney fees?

Apr 04, 2015 · Probate attorneys are those who deal with wills as well as those who die without a will in which there are assets but are not designated to anyone in particular. Those who want to form a will can seek out an estate and probate attorney to help them. The probate attorneys can also draw up a will for a person as well.

Which is the best probate law firm in the US?

Probate of Estates & Trust Administration. When a loved one passes away, his or her estate often goes through a court-managed process called probate or estate administration where the assets of the deceased are managed and distributed. If your loved-one owned his or her assets through a well drafted and properly funded living trust, it is likely that no court-managed administration is …

Do accounting and probate attorney fees affect the value of your estate?

A well written Trust is sometimes called a probate avoidance trusts or a will substitute. The trustor (person who creates the trust) outlines how the property will be managed by the trustee (another person or entity) for the benefit the beneficiary (ies) One way to avoid Probate Court is the have an ironclad Trust, which clearly describes your ...

What does a probate attorney do?

Probate attorneys are licensed professionals who represent executors and heirs after someone has died. They provide personalized legal advice, assi...

What is probate court?

Probate court works with the family or beneficiaries of a deceased person to validate their last will and testament. The courts review the individu...

How long do you have to file probate after death?

The amount of time loved ones have to file a will after a person dies varies from state to state. While California courts require probate to be fil...

Does life insurance go through probate?

Life insurance doesn't need to go through the probate courts if the deceased individual has named a beneficiary on their policy. However, life insu...

Do household items go through probate?

While the exact rules do vary from state to state, most household items don't require probate and are automatically left to immediate families unle...

Do bank accounts with beneficiaries have to go through probate?

In the event a beneficiary has been named, bank accounts are not required to go through probate and will be paid directly to the person designated...

What happens if no probate is filed?

Depending on the circumstances, probate may not be required in all cases. If a person passes on and their remaining property is jointly owned, it a...

What is probate real estate?

Probate real estate is the process that happens when a realtor steps in to handle the sale or transfer of a deceased person's owned home to another...

Can I probate a will or estate without an attorney?

It is possible to probate a will and close an estate without hiring an attorney. However, it requires multiple steps and an understanding of the la...

How many years can an estate remain in probate?

If the will or proposed distribution of property is contested, an estate may remain in probate for several years. The timeline depends on how long...

What is a trust in a will?

A trust is legal document that outlines how an estate will be managed. A well written Trust is sometimes called a probate avoidance trusts or a will substitute. The trustor (person who creates the trust) outlines how the property will be managed by the trustee (another person or entity) for the benefit the beneficiary (ies)

What does Lenita do?

Lenita can assess your situation, assist you in clarifying your desires, suggest a course of action, and most of all ease your fears!

What is Weber Law Office?

Weber Law Office PA handles probate concerns for clients in the Wichita metro area. Its attorneys are seasoned in probate processes and provide a full range of services including will determination, will probation, collection of estate property, and the distribution of assets to rightful heirs. The firm helps to guide clients through complications associated with wills and can help them to avoid probate completely when estates are small enough. Weber Law Office PA is also experienced with corporate estates.

How does probate court work?

Probate court works with the family or beneficiaries of a deceased person to validate their last will and testament. The courts review the individual's will to identify and calculate assets, pay off remaining debts, and distribute the remaining property to beneficiaries per the deceased person's requests.

Who is Alex Mitchell?

Alex Mitchell Law Office PA is operated by an adept attorney with over 40 years of experience. It performs various legal services that help estates complete the probate process, particularly through the guidance it offers to executors and the representation it provides in conflicts with creditors of estates. Alex Mitchell Law Office PA works to carry out directives left in wills by administering assets as intended by the decedents and verifying wills and other documents prior to asset distribution.

Do you have to go through probate for life insurance?

Life insurance doesn't need to go through the probate courts if the deceased individual has named a beneficiary on their policy. However, life insurance policies without beneficiaries, or with beneficiaries who are either deceased themselves or cannot be contacted, go directly to the deceased individual's estate.

How long does probate take in Florida?

In some states, such as Florida, relatives have just 10 days to initiate probate, and the entire process takes approximately six months. In other areas, such as Massachusetts, the process can last one to two years, although the majority of probate activities occur in the first nine months.

Who is Linda Small?

Law Office of Linda Small Ltd is a law firm in Wichita that has been offering legal services to clients in the area and the adjoining neighborhoods since 2009. Attorney Linda Small and her team represent clients in probate and estate planning matters, helping both fiduciaries and beneficiaries in understanding their responsibilities and rights, respectively. The team handles all cases involving wills, powers of attorney, guardianships, conservatorship, and transfer on death beds.

Who is Stephen Blaylock?

Stephen J. Blaylock is a law practice located in Wichita that has been offering legal services to families and fiduciaries of a decedent's estate in the probate process for over four decades. The firm also litigates cases involving family law, general litigation, and business transactions. Both lead attorneys Stephen Blaylock and David Morgan have more than 3o years of legal experience and are members of the Wichita Bar Association and Kansas Bar Association.

What is non probate property?

Non-probate property includes items that pass from the decedent to another person by a mechanism other than the court-based probate process. These items include: 1 Jointly-owned property with “right of survivorship.” Examples include, but are not limited to, certain bank accounts and real estate jointly owned by married couples. Upon the death of a joint owner, the decedent’s interest in the right-of-survivorship property automatically passes to the surviving joint owner outside of the probate process. 2 Properties, such as retirement plans and life insurance policies, that have beneficiary designations as part of the property contract. These properties are distributed directly by the retirement plan or insurance company to the designated beneficiaries. Note that only the designated beneficiaries of these properties, and not the Executor or Administrator, have authority to get information about and apply for the distribution of these items. 3 Some bank accounts and investment accounts offer “pay on death” or “transfer on death” features that allow the owner to designate beneficiaries to receive these assets after death. As with many retirement plans and life insurance policies, these properties are paid out directly to the designated persons outside the probate process. 4 Properties that have been transferred to the name of a trust prior to the decedent’s death. After the decedent’s death, these properties are handled and transferred as directed by the trust document outside the probate process.

What is probate process?

In summary, however, the probate process often involves: Presenting and proving the validity of a decedent’s Will to the probate court, Seeking the appointment of an Executor or Administrator to handle the probate process, Determining and paying the decedent’s debts and other obligations of the estate, and.

How much is probate in Kentucky?

Kentucky probate law allows some probate estates valued at no more than $15,000 (and sometimes a little more depending on the facts) and having no real estate to be administered through a simplified process called Dispense with Administration.

When is a fiduciary required to file a periodic settlement?

If an estate remains open with the probate court for more than two years, the Fiduciary is required to file with the probate court at the second anniversary a Periodic Settlement, which includes an accounting report of (i) the transactions of the estate for the first two years of administration and (ii) the property then remaining in the Fiduciary’s hands. A similar Periodic Settlement is required to be filed by the Fiduciary on each anniversary thereafter that the estate is open. Most estates are completed before the second anniversary and no Periodic Settlements are required to be prepared and filed for those estates.

Who is responsible for paying the debts of the decedent before distributing the probate property to the estate beneficiaries?

The Fiduciary is responsible for paying the valid debts of the decedent before distributing the probate property to the estate beneficiaries. In some estates, satisfying the debts is no challenge for the estate. At the other extreme, in some estates the decedent’s debts fully consume, and even exceed the value of, the probate assets. At an early point in the estate administration, the size of the debts relative the value of the probate assets needs to be carefully considered.

Do you need a bank account to open an estate?

Payments for the estate debts and the costs of administration also are usually made from the estate bank account. A federal tax ID number is required to open an estate bank account. Obtaining a federal tax ID number from the IRS and then opening a bank account for the estate often are some of the first steps for a Fiduciary after being appointed by the court.

What happens to a joint owner after death?

Upon the death of a joint owner, the decedent’s interest in the right-of-survivorship property automatically passes to the surviving joint owner outside of the probate process. Properties, such as retirement plans and life insurance policies, that have beneficiary designations as part of the property contract.