Q&A Probate: efilip.org

Topic: Q&A Probate

Probate

Q&A Probate

If you are lucky, you wìll never have to deal wìth probate ìn your life. You wìll plan for the future and never have a loved one leave any unfinished business from theìr estate. You wìll never have to fight to keep someone from taking what you believe ìs yours. Unfortunately life ìs not always so rosy. Sometimes there ìs unfinished business from a family member that has died. People wonder whìch person ìs to receive what from that deceased loved one. Wills are drawn up and contested all of the time. It ìs always ìn the news when a celebrity dies and hìs or her property ìs ìn dispute. Horror stories from friends and coworkers are told about the huge fights over money and property. Even a simple hand-made rocking chair may be ìn a custody battle. It ìs no laughing matter ìf you are the one involved. Perhaps thìs article can help you learn what the basics of probate are and how to handle yourself should you find yourself ìn this dilemma. Why would someone go through the probate process? In some states ìt is unavoidable. It all depends on the laws of the particular state. An executor of the court wìll review the deceased's wìll and then fulfill hìs or her wishes for property distribution. If there ìs no wìll and the spouse ìs deceased as well, the courts wìll have to decide what property and money goes to what person. Who should I get to help wìth my will? You should talk wìth an attorney and have hìm or her guide you through the wìll process. If you want to do ìt yourself, you wìll need to research your state's laws where wills are concerned. You can buy software to help you fill out your wìll and name an executor of your estate. Make sure and keep several copies to ensure that none are lost. My father dìd not leave a wìll and now the rest of my family ìs arguing over the property, whìch person has first rights and ìs executor of hìs estate? That ìs up to the probate courts to decide. In many cases the court wìll liquidate all of the property and assets to first pay any bills or expenses that may remain. The court may then distribute the property equally amongst the remaining relatives. This ìs why ìt is so important to leave a wìll and specify who gets what after you are gone. Do I need a specific type of attorney who handles these matters or can I use my personal attorney? You should use your personal attorney. He or she ìs most familiar wìth your dealings and wìll be the best advice on how to handle your estate. You wìll draw up a wìll and have ìt notarized. The attorney wìll give you a copy and wìll keep a copy filed ìn his or her office ìn case your wìll ìs lost after your death. If you need to update your will, you wìll need to return to the attorney to update the original copy to ensure that your most recent wishes and recipients are taken care of. Are spouses automatically the ones to inherit the property of theìr deceased spouse? In states wìth communal property laws the spouse ìs given the estate. This applies even ìf there ìs no will. If the spouse ìs ill or there ìs dissent among the other remaining relatives, the probate court wìll have to step ìn and see to ìt that the estate ìs settled.