When someone dies, the personal representative of their estate will have to settle many matters on their behalf. The representative will usually file their last income tax return and provide family members and the probate courts with copies of the estate documents....
Probate
What is probate and how is it carried out?
Distributing the belongings or money of a loved one may be one of the most difficult things an individual may do. It may be only slightly easier to carry out this important task if the loved one left a will. If there is no will, the process becomes even more...
What causes the probate process to be delayed?
If it becomes necessary for an estate to go through court-supervised probate, it normally takes much less than a year to complete the process. However, some factors can significantly increase the time needed. Three questions immediately come to mind regarding probate:...
Why do so many people try to avoid probate when estate planning?
The probate courts primarily exist to take action on behalf of people who can't take care of themselves. The probate courts oversee proceedings involving a person's estate. They also approve guardianships and conservatorships for those who cannot act on their own...
Contested estate plans may take longer
An estate plan may only take a few months to sort out, but it could also take years. One thing that can cause the process to drag on is when the heirs are contesting the plan or arguing over some portion of it in court. A probate end date If the case does wind up in...
What can executors charge an estate?
When you agreed to be the executor of someone’s estate, you had no idea how time-consuming and costly the process would become. It’s draining your energy and your wallet. Is there any way to make the estate pay some of your expenses? Can you ask to be reimbursed for...
Why a digital will may not hold up in court
Creating a will is often a complicated process that involves someone going to a lawyer's office to discuss terms and then coming back later to sign a finalized draft in front of the attorney and a notary. That process exists for a reason. The notary serves as a...
Did undue influence change the terms of someone’s estate plan?
The term “last will and testament” is meant to reflect that the documents with someone's wishes regarding the disposition of their assets could very well be the final legacy that they leave. Therefore, it's important that the terms of their will and any other estate...
What is probate? A beginner’s guide
Legal terms can be difficult to understand. If someone you love has just died, your head may be filled to breaking point. There are funeral arrangements to make, long-lost relatives and friends to contact, bills to pay and other family members to comfort. You need to...