Probate is the legal procedure that results in a court to validating someone’s will or showing that he or she died without it. The Court, as part of the property, to appoint a person to manage the accounts of the deceased and their property. Under certain circumstances, this person is called the executor, administrator or administrator with the will annexed.
The main function of Probate Attorneys is to manage the filing of a dead person last testament and will. Other names for these Attorneys are trust or estate lawyers. They try to disperse beloved property and the treatment of unpaid debts. We’ve all heard horror stories about encoded experiences within the family of the deceased loved one. A Probate Attorney will make the transaction for anybody that is involved.
Imagine elaborate funeral. It takes place right in front of you, and the room is full. The coffin was a beautiful mahogany box with silk inside, and handles are literally gold. Anybody that inherits this property will certainly receive millions if not billions of dollars.
Now imagine the family after the funeral. When they should be keeping their relatives and mourn, however, they are at each other’s throats. The anger is thick in the room and everyone trying to talk to each other. It is chaotic at best. And why is the family like that? Well, they have discovered that the dead man is dead without creating a will. This means that you will have to settle his estate in court with a group of money minded lawyers money in business suits, and they all want “fair share” of his estate.
Death in the family is difficult, but it is 100 times more difficult if the deceased left no will or trust of any kind. Greed is something bad to occur in one person, and without a clear direction for the money and the distribution of property, conflicts will be deadly. How can you avoid this in your family? Well, it’s pretty simple. You have to prepare for the future.
First, start with a will. The will is the bare minimum that is necessary to protect estate. It states who will get what you have when you die. You can specify anything you own to anyone, and if it is in the court’s ability to do, the will must be respected. On the other hand, failure to comply with a will results in finding out themselves. While in some cases it might not be so bad, it can be much worse than you think.
For example, no one would have cared that his old CD collection, but you can get an idea of who you want to spend your life savings after your death. Also, if you want your children to the care of a particular person, it is pointed out in the will. Otherwise, the children will go where the state decides, for verbal wishes cannot be estimated in court.
The next, and perhaps most important, step is to create living trust.
This is a document that can be managed while you are alive, and control of your assets. Trust also states that the management and distribution of your property after death. While it is a legal document that must go through the courts, with the trust you can completely avoid the court system. This means that the division of property will not be available to the public for all to see. With trust, your private life stays private.
And, of course, be careful with documents you make. Whether written or processed wrongly, these documents can cause serious problems if there were no documents created. So seek the assistance of a probate Attorney. Do not just write your feelings on a piece of paper and expect it to be accepted in court.
A Probate Attorney can be of help when problems concerning decedent’s testament or estate arise among the beneficiaries. Aside from personal representative advise the Probate Attorney can be useful in assisting the estate beneficiary in case disagreements coming from the beneficiary and the personal representative arise.
Locating Missing Heirs
In Probate and Trust, most times information that would enable the identification of the family members and the long distant relatives and also what the trustee stated in their heirs are not always given out before the investigation, and that would delay the trial in court.
We have experienced several cases when locating missing heirs of the Estate and locating all those included in the Trust who are not around and knowing if the trustee assets have been embezzled or moved off shore. In most cases the Probate Attorneys hires a seasoned Private Investigators that would help in such issues.
Private Investigators who are experienced understand the process effectively and with their long years of experience and knowledge, they will able to get the details on their own. With extensive research and analysis, the Private
Investigator would be able to interpret what the trustee stated and also help to locate all those included in the Trust that are not around and finding issues of embezzlement of trustees assets.
When Probate Attorneys work with Private Investigators effectively in resolving all trust and probate matters there is a far greater chance for a positive outcome for all parties involved!
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