top of page
What is Probate?
Probate is a process of determining heirs, either with a Will or without and qualifying someone who can collect assets, pay debts, and distribute the inheritance. In short, the process of wrapping up a person’s legacy once they are gone.
When there is a Will, the Will is presented to the Court to be validated. A Will is nothing more than a piece of paper until a judge says otherwise. Once validated, the person named as Executor can take the necessary steps to administer the estate. When there is no Will, the heirs must be determined by the laws of the state. A person may still be named to administer the estate once the heirs are known.
There are several different ways to handle an estate in probate. A skilled, experienced attorney will be able to help you determine the process that best suits your needs.
FAQs
-
How do I choose people to name as agents?Financial Agent: a financial agent must be someone you trust completely to manage your funds when you are not able. This person will pay bills, manage your 401k, and manage all financial situations. Your agent does not have to be related to you—select a person whom you trust. Healthcare Agent: this agent acts under the authority of power of attorney. Your chosen healthcare agent will make healthcare-related decisions for you when you cannot make them for yourself. It is imperative that this agent has engaged in detailed and intimate conversations with you regarding the levels of care that you would want them to take.
-
What if my intended agents do not live near me?Location of your agent should not be an issue in this age of electronic communication and technology. Scanners, telephones, and computers allow for finances to be handled securely from afar. Make certain to keep the contact information for your named agent up to date however.
-
What if I don't have anyone to name as an agent?An agent is someone who agrees to serve as your representative, often a relative or a child, however the agent can be anyone you trust to carry out your wishes. Depending upon the size of your estate, you may also create a trust and appoint a corporate trustee. Geriatric care managers can sometimes handle medical-based decisions. This is usually under a fee-based arrangement. If you do not have anyone you trust to name as your agent, get your affairs in order and organized, and speak to an elder law attorney about your potential options.
-
Is it okay for my executor to be out-of-state?Yes. Most states allow an executor who lives out of state to be named as the executor. Each state has its own rules for the requirements of such an executor.
Consultation
SCHEDULE AN EVALUATION
Blogs
bottom of page