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A copy of The Guardian Probate Guide should arrive in your inbox shortly.
Hundreds of families trusted our caring team to help.
A copy of The Guardian Probate Guide should arrive in your inbox shortly.
Hundreds of families trusted our caring team to help.
You probably have lots of questions. Is your situation simple enough to handle on your own? How do you make sure everything is done fairly? What if people disagree on things? Are there any rules or complexities you’re unaware of that could change everything?
Probate can be a confusing, disorienting process even when everyone is on the same page and just wants everything handled correctly while honoring the loved one’s wishes.
If you're facing a potential dispute or feeling anxious about unfair or dishonest actions that could disrupt the estate process, the uncertainty is just adding stress to an already difficult time.
Every estate is unique, with its own set of nuances, challenges, and emotional undertones. Situations that start off clear and straightforward can quickly evolve into something more complex, and a single oversight could have significant legal and financial repercussions.
Even if your situation feels simple and straightforward, you can still benefit from expert advice simply to ensure you are on the right path.
The Free Consultation is your opportunity to get answers to your most pressing questions, understand your options, avoid missing something important, and ensure you are on the right path – all without any cost or obligation.
We'll start the Consultation by asking detailed questions meant to help us get to know you, understand the specifics of what you're facing, and grasp what's most important to you and why.
You are not just another case. You are a person with a unique story and specific needs. You deserve a solution that's as real and individual as your situation, and that starts with us seeing things from your perspective.
The primary purpose of our Free Consultation is to provide you with a clear understanding of your situation, options, and circumstances and help you gain clarity about what lies ahead.
Once we are confident that we have a firm grasp of your unique situation and priorities, we will encourage you to ask all your questions and do our best to break down the legal aspects of your situation into clear, understandable terms.
We then lay out your options and provide you with a clear understanding of each possible path, complete with its pros and cons.
Our goal is to equip you with all the information you need to make the best decision for you and your family. We'll make sure you leave the Free Consultation understanding each option, how it applies to your situation, and what it could mean for your future.
Have a Complimentary Consultation with a Member of Our Team.
Probate isn't always required, but it's often advisable to ensure legal responsibilities are met and to prevent future issues. While specific laws vary, the general principle of protecting against liability and future complications is consistent across states.
The duration of probate can vary significantly. Generally, depending on the estate's complexity, it can take several months to over a year. Each case is unique, and timelines can differ based on specific circumstances.
Executors and administrators have critical responsibilities, including managing the estate in compliance with state laws and ensuring fair distribution of property. They must prioritize the estate's best interests, maintaining a high standard of care to avoid personal liability.
Inheritance depends on several factors, including the presence and validity of a will and state-specific inheritance laws. Without a will, inheritance typically follows state guidelines for distributing the estate.
If a will's terms are not being followed, interested parties, such as heirs or beneficiaries, can seek legal intervention. It's crucial to address any deviations from the will promptly to protect the estate's integrity.
A will may be invalid for various reasons, such as a later will superseding it, improper signing, or the testator's lack of capacity or undue influence at the time of signing. Each situation requires a careful legal evaluation.
Abuse of power of attorney is a serious concern. If the abuser is also an executor or administrator nominee, legal steps can be taken to prevent their appointment. It's vital to act quickly in these cases to protect the estate's interests.
Immediate legal action is necessary if estate property is being misused. This may involve court petitions and, depending on the situation's urgency, law enforcement involvement to protect the estate's assets.
All valid creditors of an estate have a right to be paid. The order of payment and the process of addressing creditor claims can vary based on state laws and the estate's specifics.
Handling Medicaid claims requires careful adherence to legal requirements. If you receive a Medicaid claim, it's important to consult a probate lawyer to understand your options and respond effectively.
Handling Medicaid claims requires careful adherence to legal requirements. If you receive a Medicaid claim, it's important to consult a probate lawyer to understand your options and respond effectively.
In blended families, heirs typically include natural and legally adopted relatives. Stepchildren are generally not considered legal heirs unless formally adopted by the deceased.
If life insurance denies a claim, your response depends on the reason for denial. If it's due to policy lapse, specific legal requirements apply. In cases of improper notice or extended grace periods, the insurer may be obligated to pay.
The fate of a business depends on its structure. Sole proprietorships typically cease operations upon the owner's death, while corporations or LLCs may continue. The handling of business assets can be complex and requires legal guidance.
Trusts, whether living trusts or those established in a will, have specific purposes and conditions. The trust's terms govern their management and the distribution of assets and may require specialized legal assistance.