Probate is the legal process of administering one’s estate after death. It includes proving a will in court, determining heirs, creating an inventory of the assets of the deceased, paying debts, and distributing the appropriate amount of assets to the correct heirs.
One of the easiest and most important ways to care for your family after you pass away is to draft a will. It’s pointless to spend your lifetime providing for your children only to let the State decide who should care for them and where your money should go after your death.
Establishing a trust for your assets can ensure direction for those assets after death, beneficiary creditor protection, privacy and expediency without court involvement, and minimization of potential issues among beneficiaries, including contests filed against the estate.
If a family member or other beneficiary produces a will you believe is fraudulent or challenges a will you believe is authentic, this often leads to difficult litigation requiring particular knowledge and experience.
When a loved one dies without a will and the beneficiaries do not cooperate, this often results in dependent administrations, which require extensive, complex filings in and hearings with the court, which many probate attorneys refuse to take on.
Sometimes it is preferable to have a neutral, third-party administer a trust to ensure beneficiaries do not frivolously squander their inheritances or fight amongst themselves over distributions.
Protecting children and assets from the government, creditors, and others while maintaining control of your possessions during your lifetime and passing those assets to loved ones upon death.