The most common contact individuals have in this area is a will and the administration of an estate after the death of a loved one. The proper foundation for an individual is to have in place a will, power of attorney and living will. These documents allow someone to have a smooth transition when an unfortunate event or even death occurs. It is always best to plan ahead and designate the individuals that you wish to be responsible at that critical time. proper planning may help avoid a guardianship or the probate of a will. When that time comes and if you need court assistance our office can provide representation with guardianships or the probate of a will.
A simple will is only the beginning in the process of an effective estate planning process. A durable power of attorney, living will and health care power of attorney are additional tools that will assist your family at the critical time when they become effective.
It is important to explore all of these documents in carrying out your estate plan with your attorney. Don’t forget other considerations such as jointly held property and beneficiaries for life insurance and retirement accounts.
Even the best laid estate plans can result in Will Contests .Unfortunately there can be instances where the decedent’s plans are not carried out. They could be the result of undue influence or duress to name a few. Those contests can begin in the Probate Court and can lead to the Superior Court. The time frame for action is short. If there is a belief that something improper may have occurred the need to consult an attorney quickly is very important. Otherwise your rights to contest may be forever lost.
The probate of a Will can be a fairly simple process. The Will is probated in the City of Town of the decedent’s residence. There are provisions in the law that can help the administrator of the estate to maximize the amount recovered for the heirs. That can occur by maximizing the assets recovered and reducing the debts for the estate.
The proper administration can enhance the assets to the estate within a reasonable period time.