Probate is the court process by which you conclude the affairs of a decedent and transfer assets owned at death to the beneficiaries designated with a Last Will & Testament, separate writing or written beneficiary agreement.
Estate planners preach the need to avoid the probate process. The truth in some cases, however, is that an administration of a decedent’s estate thru the probate process might be inevitable and sometimes the actual chosen path because its impact and results can be beneficial.
Abbreviated probate procedures allow assets owned at death but forgotten and not mentioned in the actual preceding estate planning process to be addressed and properly transferred to designated beneficiaries. Beneficiaries agreements entered after a person’s death within the probate process allow certain distribution modifications to be made to cure overlooked tax consequences, secure future tax benefits and address unanticipated changes in beneficiary circumstances.
Using the probate process to verify the claims of creditors can be powerful with unrelenting debt collectors, give survivors the upper hand and bring settlement and final closure for survivors. The finality of the prohibition and bar against continued creditor claims obtained within the probate process brings results that may not be otherwise achievable.
The authority granted to a personal representative or executor by court order in the probate process is broad and far reaching. These court appointed persons can complete the sale and purchase of assets interrupted by an unexpected death, cure title issues with assets, sue to recover assets and damages for personal or other monetary injuries. They have the authority to mediate and resolve beneficiary disputes, collect newly discovered assets and recover assets inappropriately acquired or retain by any person or entity.
I handle probate matters in an orderly and succinct manner to move the probate process protections for survivors along as expeditiously and efficiently as permitted. This allows me to shoulder the burden of the process and help survivors overcome emotion and focus on moving forward.