Probate

Probate is a court supervised process of distributing property as directed in a will or in accordance with the law if no will exists. The goal is to take title out of a deceased person's name and to put it into a living person's name. Since there is court supervision of the entire process, the heirs/beneficiaries can be assured of a full and fair valuation and distribution of the estate. Probate is necessary whenever a deceased person leaves titled assets in his/her name alone.

Though this explanation of Probate may seem simple, the process usually is not. In a typical Probate there are a number of different persons interested in the Probate estate. The most common are creditors, family members, beneficiaries, the surviving spouse, attorneys, the judge, and the personal representative for the estate. Each person has a different interest in the Probate that is protected by law. Because of those protected interests, the steps undertaken to complete a Probate can be lengthy and time-consuming.

If the decedent created a Trust then the trustee is responsible for implementing the terms of the trust and filing a Notice of Trust with the court. Trust administration does not usually require court pleadings or filings, but many of the same administration, distribution or tax issues are present and require attention. In this area, my firm counsels fiduciaries regarding the rights and interests of beneficiaries, and recommend steps or actions to help the fiduciary operate the trust in compliance with the appropriate fiduciary laws and avoid personal liability for their actions, or inaction.

Contact my office to schedule a free consultation to discuss the most effective way, cost and time wise, to settle the estate, allowing you and yours to move ahead with your lives. I am approachable, responsive and always strive for prompt turnaround in my practice.