Our Probate Attorneys have Extensive Experience in the Area of Probate and Estate administration
Many factors contribute as to commencing the probate process and completing the estate administration. Each decedent’s circumstances differ and there may or may not be a will in place to present to the Register of Wills for probate. There are occasional family disputes and cash-poor estates which can contribute to the complexity of the specific client needs. A thorough discussion with estate administration or probate attorneys is an essential part of making sure that the probate and estate administration proceeds with a minimum amount of complexity.
For reasons unknown to us there is much publicity which advises people to avoid a probate process. Our probate attorneys can explain the process to probate a will to you and help you understand that the probate system is a legal system put into place to obtain county and court supervision over the process under which your wishes as stated in your will are carried out legally and honestly. Since the probate process is a matter of public record, your will is included in that public record. Certain individuals may not want the public at large to know the full extent of the assets owned at the time of their death. Exposing those assets to the public record can be avoided by placing those assets into trusts which are not recorded as part of the public record.
In any event, all estates containing any significant assets must undergo the probate process. Persons who have died with the will, will have an executor of estate appointed. Persons who have died intestate, that is, without a will, will have an administrator appointed. In both instances, the actions of the executor or the administrator will be subject to county and court scrutiny, thereby ensuring that those individual act as proper fiduciaries to properly carry out the wishes stated in the persons will for the benefit of the beneficiaries.
Our probate attorneys are equipped to provide counsel and representation in the event of disputes and have been successful in resolving them both in and out of court.
Upon the death of a loved one, family members and friends sometimes disagree as to whom should represent the estate or may question the validity of a will. Occasionally, an individual is of the opinion that a wrong has been committed during the course of the probate administration and feels that the courts should become involved in resolving the disputed issues. Our probate attorneys are equipped to provide counsel and representation in the event disputes or differences arise and have been successful in resolving such disputes and differences both in and out of court.
Our probate and estate lawyers and paralegals have extensive experience in accompanying the executor to the register of will office and ensuring that the probate of the estate is smooth and legally accomplished.
Sometimes, it is brought to the attention of the executor that a certain gift to a beneficiary as stated in a will is not acceptable to the beneficiary our probate attorneys have extensive experience in preparing the proper gift disclaimer documentation whereby a beneficiary may refuse to accept a gift as stated in a will. In these circumstances, our probate lawyers can advise the executor as to the proper distribution of that gift to other beneficiaries or the liquidation of that gift and conversion to cash to be distributed to the remaining beneficiaries. Using our probate and estate lawyers in this fashion can remove significant angst from all of the parties involved.
Another reason why a beneficiary may wish to disclaim a gift is for tax purposes or for other estate planning reasons. Our wills and probate services include providing consultation in such matters.
Contact Carosella & Associates today and get in touch with our highly experienced probate attorneys.