One way to avoid probate of one’s estate is through transfer on death bank accounts. These are accounts that will help one safeguard their assets and avoid the probate process, which is also beneficial to those they leave the inheritance to. A transfer on death account is an account one can have in a bank,…
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Most people get a chance to appoint their estate administrators, especially when they have left behind a valid will. This is always an easy process unless the designated person objects to being an administrator. In such a case, a probate judge appoints a close family member or next of kin to be the administrator. This…
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Having your homestead go through probate can be a tedious and harrowing process to your family that you leave behind. Some processes are lenient and quick, but mos`1`t times, it can take even years. There are some ways one can avoid having the home they live in through probate, something they would have to take…
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If you have ever sought an opinion about probate from family or friends, you were probably advised against it. Tidbit: It will surprise you to know that some of the people that are against probate do not really understand what it is, the reasons for going through the process, and what they can do to…
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The role of an attorney in probate varies from case to case and highly depends on the nature of the client. Usually, the attorney serves as the personal representative of the estate. For instance, lawyers might find themselves in a situation where they are giving legal advice to an elderly client. This is an area…
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We have seen how joint ownership works to help you avoid probate. However, we have tools that are more flexible than joint ownership – revocable living trust. The trust is a legal entity that allows individuals to transfer their assets in any value and of any type. These include vehicles, real estate, brokerage and bank…
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Not all estates will pass through probate, and for those assets that will go through the process, not all will be distributed. You might find a will-maker avoiding probate on a multimillion-dollar estate, then getting their low-value estate going through probate. So, when trying to avoid probate, you need to understand that the probate administration…
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When the inevitable occurs in the family, there is always a big chance of facing the probate judge to confirm whether the will left behind by the deceased is valid. Probate is common in real estate, and it happens whether the deceased had written a will or not. Estate attorneys lawyers are also known as…
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The necessity of taking assets through probate depends on the way each asset is titled and whether beneficiaries were named by the deceased. Making proper titling and beneficiary arrangements paves the way for the assets to be distributed outside court. Probate may apply regardless of the presence of a will. Laws associated with the process…
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Scenario My uncle, who lives in New York, passed away a month ago, testate. He named my brother as one of the heirs. My brother does not understand the legal procedures in New York and doesn’t know how to claim his percentage of the estate. What process does he need to take? Losing a loved…
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