Probate Topics

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Probate

Last Will and Testament

Living Will

Power of Attorney

Elder Law

Trust Planning

Asset Protection

Inheritance Rights

Special Needs trusts

IRA & 401 Planning


Estate Planning FAQ

Q: How do I select an executor?

A: The majority of executors do not require specific legal or financial experience; most individuals choose their adult child or spouse. However, it must be an individual who has the ability to administer a complex state of affairs, hire attorneys, estate planners, accountants, and pay them from the assets of the estate.

Q: I have a joint tenancy. Is this the same as having a will?

A: No, there is a vital difference between the two. A joint tenancy is one technique of owning estate with another individual, where the individual retains the privilege of survivorship. Because of the structure of this agreement, the estate is not part of the deceased's assets and so does not go through into the probate procedure. On the other hand, while it may originally sound to be a good way to keep specific assets out of probate, the joint tenancy is open for one of the individuals to sell their interest, and as such, it can become vulnerable for confiscation from creditors. If you have questions about which technique is right for your specific case, one of our lawyers can assist you in deciding upon an suitable resolution.

Q: What are the exact responsibilities that an executor can expect to carry out?

A: These duties include giving notice to the involved and correct parties, settling debts and claim disputes in regards to the estate, distribution of property and estate to the correct parties, paying claims, and more.


Probate & Estate Planning Law

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Probate & Estate Planning Wills Overview & Law


When someone passes away, their property, assets, and other personal belongings are usually transferred to the beneficiaries listed in his or her will. This process is referred to as probate. Probate can also used to describe the process by which the decedent’s assets and property are gathered and accounted. This includes paying any creditors, estate taxes and other debts, and then distributing the remainder of assets to the heirs.

Do you need assistance regarding probate law? Our lawyers can help. Contact our probate attorneys today!

Our probate lawyers can provide legal counsel for those needing assistance with:

  • Estate Planning
  • Wills & Inheritance
  • Asset Protection
  • Debt After Death
  • Death Tax
  • Creating a Will
  • Trusts
  • Trustees Executors


The probate and the estate planning process can be a long, time consuming ordeal. Probate codes and trust laws vary by state and require compliance with legal procedures, modern accounting methods and proper disclosures to courts and heirs. Many states require executors who are going through the probate process to hire a lawyer who is specialized in estate administration or probate. An executor of an estate is considered a fiduciary and has specific duties and obligations.

Estate Planning

An estate is the total property, both personal and real, owned by someone prior to distribution through a will or trust. Real property is real estate and personal property includes anything aside from real estate, for example household items, cars, and other assets. An estate can also include bank accounts, life insurance policies, stocks and other securities, and more. Estate planning distributes the real and personal property to an individual's heirs. It is the process by which a family or individual arranges the transfer of property, money, and other assets before death. Estate planning is one of the most vital things an individual can do to ensure that their assets and health care wishes are honored, and their family is provided for after their death. The goal of an estate plan is to preserve the maximum amount of assets possible for the intended heirs. A big concern for those in the process of estate planning is state and federal tax law.

Do you need help with the estate planning process? Contact our estate planning lawyers today!

Estate planning can help to:

  • Provide for your immediate family
  • Minimize expenses
  • Plan for incapacity
  • Ease the stress on your family
  • Help your desired cause or charity
  • Reduce taxes on your estate
  • Make your retirement years easier
  • Distribute your assets to heirs quickly
  • Make sure your company goes on smoothly
  • Provide for other family members who need assistance and guidance

Estate planning is sometimes overlooked and not considered a priority. However, proper estate planning can resolve a number of issues. Who will be getting what, funeral arrangements, and tax issues are just a few of the things that can be sorted out in the estate planning process.

Are you or a loved one about to start the estate planning process? Our lawyers can help. Contact our estate planning attorneys today!


Did you know?

The estate planning process may include creating health care directives, durable power of attorney for finances, a will or a living trust, buying insurance, and completing other vital documents. When it comes to successful estate planning, working with an experienced estate planning lawyer whose practice focuses on probate, trusts, and wills can mean the difference between having your estate administered according to your wishes and possibly having one of your intended heirs left out of your estate.

If you need legal help for your Probate & Estate Planning case, please consult with a local professional Probate & Estate Planning Attorney to discuss your case.

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Did you Know?

What are the ways to protect assets of the probate estate?

There are various methods to protect probate estate assets. By involving a tax advisor and lawyer, you can discuss and go through some of the ways to ensure your assets are safeguarded.

What is an executor?

The individual appointed in a will to be in charge of winding up the deceased individual’s monetary affairs is referred to as the executor, also known as a personal representative in certain states. The responsibilities involve taking care of real estate, paying taxes and bills, and ensuring that valuable assets are distributed to their new and correct owners. If probate court proceedings are necessary, as they frequently are, the executor will usually hire an attorney to assist with the complex probate procedure.