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How Assets Transfer To Heirs During Probate?
Estate Planning

How Assets Transfer To Heirs During Probate?

The primary goal of a smart estate plan is to protect and preserve your money, property, and precious jewelry for your beneficiaries so that they receive the inheritance quickly during probate. There are plenty of estate planning strategies that you can utilize wisely to reach your goals. More people are investing in estate planning to obtain a safe and secure life for yourself and also for your family after your demise. The intention to protect hard-earned assets and to achieve a stress-free future has made it a booming field. Some of the immensely popular strategies include marital deductions, trusts, annual gifting, life insurance, charitable donations. While creating the plan, you must focus on different tax reduction schemes as well as

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Processing Probate in multiple states is possible through Ancillary Probate.
Estate Planning

Processing Probate in multiple states is possible through Ancillary Probate.

Today, it is common for families and family members to own a property in multiple states. Sometimes, two individuals have joint ownership of a property. And, sometimes the property is owned individually. When an estate owner passes away, their probate plays a significant role. Assets of the deceased are distributed based on the will.  If a deceased owned property in more than one state, the heirs need to consult multiple attorneys. Since the laws of a state govern all the real estates within its territory, heirs cannot rely on domiciliary probate. Why won’t domiciliary probate help in the case of property in multiple states?  All the states have different laws and taxation criteria for real estate. The jurisdiction of the

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probate for large estates
Estate Planning

Probate for large estates

When you possess a large estate, probate seems to be a long process of endless papers. The process may be complex and irritating even. However, there is always a silver lining. An attorney can always help you in this regard. The attorney can take away your share of unnecessary documents and probate process. So, how do you handle when the decedent has a large estate? You hire a wonderful attorney who knows his work well.  Thus, if you are a personal representative or an executor, you should seek a perfect probate attorney. Moreover, you should make sure that you give all the help to the attorney regarding documents and paperwork. You should work as a teammate with the lawyer to

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probate for small estates
Estate Planning

Probate for small estates

Probate process for estates requires two important aspects. Foremost, you should submit the last will of the deceased in the court. If the court approves of the will, you get an order of the probate. The other aspect relates to the process of managing the probate process. Now, your estate can be divided into two, large and small estates. However, how do you classify? Well, this is where the probate attorney comes into the picture. The attorney can help you understand the kind of estate you have. Planning for small estate is an imperative aspect.  Many people believe that estate planning is only for wealthy people. However, this is not the fact. Estate planning holds much importance for small estates

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Tips For Executor To Assist Probate Attorney To Fasten Probate Process
Estate Planning

Tips For Executor To Assist Probate Attorney To Fasten Probate Process

Probate proceedings can go on for many years. In fact, these proceedings can take away many precious years of an executor’s life. An executor is the one who is responsible for managing the administration of an estate of a deceased individual. The deceased person can name the executor in the will. However, if there is no will, the court can name the executor. The process of probate is not an easy task. A person has simply left for heaven and the next process is to decide the lawful inheritance. But this process can be irritatingly long.  The probate laws make sure that the executors get their due share of possessions. This is the reason why courts want to take their

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Should your Probate and Estate Planning Attorney be the Same?
Estate Planning

Should your Probate and Estate Planning Attorney be the Same?

Probating is an intricate process which is time-consuming and requires a lot of legal paperwork. However, one should not confuse Will planning and Estate planning as the same thing. Estate planning includes a plethora of nuances unfound within the structure of probate. This type of planning includes strategizing how to reduce the tax-burden on the heirs. Inheritance property and assets need to be divided in an equitable manner, thus, estate planning acts as security for heirs. It ensures that the heir of the valuable asset receives it without encountering any major discrepancies along the way.  Will Planning Will preparation is a reasonably straightforward procedure that includes drafting a final will, along with a testament. Your will can decide who should

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The Expenses Involved in Probate
Estate Planning

The Expenses Involved in Probate

Having an estate plan ensures continuity of wealth through inheritance, making an estate plan lucrative for families of all classes. If an individual does not know the nuances of probate, it might be a very expensive affair for him/her. Without any premeditated estate plan, an individual may end up paying more than he or she should.  To have a clearer idea of what the expenses are entailed during probate an individual should first research about what exactly it is. By researching it, one may find the various fees involved, ranging from court fees to attorney fees and accounting fees. By leaving behind your wealth for your children, you are making sure that you are keeping property within the family.  Costs

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Challenges in Contesting a Will After Probate
Estate Planning

Challenges in Contesting a Will After Probate

A Will details how the testator’s property and other valuable assets will be distributed amongst his/her heirs. Testamentary Wills are thought of as the final say of the decedent, making sure it is executed the way the testator wants it to be is paramount. In the event a beneficiary is not happy with his share of the assets, he/she should contest the Will within six months in order to raise the chances of legitimizing your claim. Most families are content with their share of the property. It is only when family members feel that they have a claim over certain assets that they contest a Will. Grounds for Contesting a Will During Probate There are many grounds for contesting a

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Backup executors can help the Probate process run smoothly
Estate Planning

Backup executors can help the Probate process run smoothly

When an individual makes a Will, the person they select to be their executor may be hail and hearty. But there are chances that the executor may fall into ill health or expire before the Will maker. It is a reality of life that anybody can die unknowingly. Even though it is an unimaginable scenario, one must be prepared for it. If the executor predeceases the Will maker, someone he/she is unknown to or might not trust as much as the primary executor oversees the estate. In that case, this also complicates the Probate process. Appointing backup executors by amending the Will can help avoid this situation.   Who is an Executor?  An executor is a person who is in charge

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Devise an estate plan that best suits one's needs
Estate Planning

Devise an estate plan that best suits one’s needs

Estate planning benefits all, whether one has a large estate or a small one. Formulating an estate plan makes sure that assets and property get distributed as per the deceased’s wishes, with the least amount of delay. Estate planning mainly allows one to decide who should benefit from his/her estate and to what length. It also ensures that the taxes imposed on the assets do not cause any harm to the estate. In addition to this, it encourages one to make crucial decisions like choosing healthcare programs and appointing a guardian for children. The most crucial instrument in estate planning is the Will, which narrates the inheritance of the property. No Will probate can lead to the beneficiaries not receiving

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The absence of a Will can make the Probate process troublesome
Estate Planning

The absence of a Will can make the Probate process troublesome

Will is the lawful proclamation of a person’s intent, which they wish to perform after death and decide who should manage their property until its disposition. Probate is a lawful process that administers the distribution of one’s assets after death. It’s a copy of the Will attested by the court to grant the management of the estate. Probate becomes vital if the Will consists of immovable assets. But, what happens if one dies without a Will?  If one dies without a Will, they become “intestate.” In this case, the local court appoints a personal representative for the individual, mainly a surviving spouse or children, but the assets remain frozen until then. Dying without a Will can make the process even

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Probate process success depends on the executor
Estate Planning

Probate process success depends on the executor

While drafting a will, an individual needs to name an executor in the will who will act on behalf of him/her after his/her death, the testator must authorize an intellectual and trustworthy person with this responsibility. The executor performs all the required tasks in the probate process. He/she makes sure that the desires and wishes of the decedent mentioned in the will be fulfilling. The executor performs all the legal tasks on behalf of the testator after his/her death. He/she is responsible for initiating the probate process by filing a petition in the court. The executor makes sure that the drafting of all the required documents gets done according to the state laws.  He/she clears out all the pending dues

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