There are times when a lack of Estate Planning turns into a disagreement between heirs.
During a family loss, there may be questions such as:
- How do we transfer property from to beneficiaries?
- Is the Last Will and Testament legitimate?
- Is the family responsible for any outstanding debt?
This usually leads to Probate.
Probate means the state and/or county courts are involved in the affairs of a recently deceased assets and property.
Unfortunately, Probate cases can take up to a year to resolve, and even longer.
The decision to go into Probate is usually directly related to:
- The number of beneficiaries.
- The value of the entire estate.
- Marriage and Domestic Partnership recognition
- Community Property Laws
There are exceptions to the rules that can be tricky to navigate.
Legacy Legal – Legal Representation during Probate A Case
As a beneficiary, it’s important to be represented during all court proceedings. There may be legal document requirements to complete as well as hearings amongst beneficiaries and family members.
Many of the legal fees associated with a Probate case can be funded from the estate itself.
If you’re looking to send your case to Probate, there are many important timelines and filing requirements to be aware of.
- Some of many important Legal Probate Court Requirements
- The person who starts the case, must file at the county court where the deceased owned property, or lived when they passed.
- The Executor must be notified of the case filing.
- If there is no Will, the court will identify and appoint an Administrator to manage the estate and all the related affairs while the case is in Probate.
There are different types of Probate requests:
- Petition for Probate of Will and for Letters Testamentary
- Petition for Probate of Will and for Letters of Administration with Will Annexed
- Petition for Letters of Administration
After a probate case is complete, there may still be tax return filing requirements for any income earned on the property or assets during the trial.
When you’re looking for the strongest legal and tax representation during any probate case, Legacy Legal is the firm of choice.
For more information on filing and representation for a Probate case, please schedule your complimentary consultation.
Legacy Legal – As The Executor
If there is a Will and/or Trust, we can act as the Administrator or Executor to collect assets, pay outstanding required debts, and distribute the remaining property to the appropriate, legally assigned beneficiaries.