When a loved one dies, the period of time following that loss can seem as though it passes in a fog for the survivors. There are a seemingly endless number of practical and legal steps that must be taken during the probate of the decedent’s estate. Given the heightened emotional state that loved ones are in, mistakes are often made during the probate process. If you find yourself in charge of probating the estate of a loved one, you undoubtedly wish to avoid making any of those mistakes. To help … [Read more...]
Can You Reject an Inheritance?
When a family member or close loved one passes away, most people start wondering (out loud or to themselves) what they will inherit from the decedent’s estate. Likewise, when there is controversy or conflict over an estate, it is most often the result of two or more heirs disagreeing over the inheritance to which they feel they are entitled. Believe it or not, however, beneficiaries don’t always want the inheritance left to them by a decedent or to which they are entitled under the state’s … [Read more...]
Do I Need a Probate Attorney to Help Me Probate an Estate?
Did you recently lose someone close to you? Were you also notified that the decedent appointed you to be the Executor of the estate? If so, and you have never before served as an Executor, you probably have a number of questions and concerns about carrying out your duties and responsibilities as Executor. One of the first, and most important, questions on your mind is whether or not you need a probate attorney to help you probate the estate. Probate Basics Probate is the legal process that is … [Read more...]
Probate Lawyer Offers Tips for the Executor
If you recently lost a family member or close loved one, you are undoubtedly going through a period of grieving and heightened emotions. If you also learned that you were named as the Executor of the estate, you may feel a tremendous amount of pressure along with confusion if you have never served as an Executor. The best thing you can do for yourself at this point is to consult with an experienced probate lawyer before you do anything else. To help you in your role as Executor, however, a … [Read more...]
Tips for Getting through the Probate Process
The time period following the loss of a loved one is typically an emotional, and often stressful, one. If you also learned that the decedent appointed you as the Executor of his /her estate, the stress level will likely increase for you, particularly if you have never been through the probate process before as the Executor. With that in mind, a Grand Forks probate attorney offers the following tips that may help you navigate the probate process efficiently, and with a minimum amount of … [Read more...]
Will I Have to Go to Probate Court If I Am the Executor?
The loss of a close friend or family member is typically followed by a period of highly personal emotions. If you recently suffered the loss of someone close to you, and also found out you were named as the Executor of the estate in the decedent’s Last Will and Testament, your personal emotions may need to take second seat while you oversee the probate of the estate. Understandably, this can be difficult, particularly if you have never before served as an Executor. To begin with, you may have a … [Read more...]
What Happens If I Die Intestate?
You have undoubtedly heard from well-meaning friends and family members how important it is to have at least a basic estate plan in place. For most people, this means executing a Last Will and Testament. If you don’t know why it is so important, however, you probably won’t be inclined to get started on your plan. Although there are several reasons why having an estate plan in place is important, the simplest to explain is the desire to avoid dying intestate. Once again though, unless you … [Read more...]
The “No Contest” Clause
You undoubtedly think of a Last Will and Testament as the Testator’s opportunity to decide precisely what happens to his or her estate assets after death. In most instances, that is exactly what happens –the decedent’s Will is used to probate the estate and, therefore, determine what happens to the estate assets. Sometimes, however, a challenge to the validity of the Will is filed. If the contestant is successful with that challenge, the Will is declared invalid and the estate is probated using … [Read more...]
Tips for Getting through the Probate Process
The time period following the loss of a loved one is typically an emotional, and often stressful, one. If you also learned that the decedent appointed you as the Executor of his /her estate, the stress level will likely increase for you, particularly if you have never been through the probate process before as the Executor. With that in mind, a Grand Forks probate attorney offers the following tips that may help you navigate the probate process efficiently, and with a minimum amount of … [Read more...]
Do I Need Probate?
If you recently lost a family member or a loved one, you are undoubtedly going through a period of intense emotions. The practical and legal aspects of your loved one’s death are probably the last things you want to think about right now. It may be, however, that you need to think about them if you were named as the Executor in the decedent’s Last Will and Testament or you appear to be nominated by the family to act as the Personal Representative if the decedent died intestate. In your role as … [Read more...]
