Probate is the process of passing property to beneficiaries or heirs at law through wills or other procedures after someone has died. In the absence of a will, a court can decide who to appoint to take care of an estate as well as decide how to dispose of your property.
Blumberg & Bagley has experience in handling probate matters including probates of will, affidavits of heirship, probate disputes, and probate litigation. We also handle property transfers through trusts. In this regard, we will also create wills and other estate planning documents, as well as revocable trusts. Our firm also helps in setting up other documents such as Powers of Attorney for medical, financial and other purposes.
- Probate of wills
This is a system by which people may pass on their property to their family members and loved ones. If a person doesn’t make a will, a court may have to decide who to appoint to take care of an estate and where one’s property will go. There are different kinds of wills ranging from simple ones that may transfer title to land to more complex ones that may address on-going businesses. Oftentimes an estate will have to be probated if there’s land involved, and in more complicated situations, an executor may have to be appointed.
- Determinations of heirship
When there is no will, a judge may need to decide who are the heirs of an estate. In this situation, a dependable lawyer will be able to help you file the right documents to establish your standing as an heir.
- Estate administration
Sometimes an executor is appointed to handle a deceased person’s property within an estate. Once the executor is appointed, capable lawyers can help the executor with things such as settling the estate’s debts, managing its businesses, and other matters.
- Probate litigation
An executor must identify the property of the deceased and follow the will’s instructions regarding the payments of taxes and other expenses as well the distribution of assets among the persons mentioned in the will. When issues arise from these decisions, parties may have to turn to the probate litigation process to resolve such issues.
- Trust litigation
In this instance, the deceased has placed his or her property in a trust instead of having it transferred to others through a will. Like probate litigation, issues may arise regarding property held in a trust that must be resolved by a court.
- Will contests
A will can be contested for several reasons. Some examples are contests challenging the validity of the deceased person’s will because someone exerted undue influence over the deceased, claiming that a person was improperly left out of a will, claiming that an executor failed to fulfill his/her fiduciary duties, or questioning whether one can manage an estate as the personal representative.
- Wills and trusts
To avoid probate and trusts issues and probate litigation down the road, Blumberg & Bagley helps individuals set up their wills and trusts.
- Directives to physicians
This is a document designed to help individuals communicate their wishes regarding their medical treatment in the future when they are unable to make their wishes known because of illness or injury. These are usually provided to the family, a chosen spokesperson, the physician, or other health care providers or medical institutions.
- Powers of attorney
Individuals may designate their representatives with Powers of Attorney to enable them to act on their behalf regarding financial and medical decisions, among other things.
Please feel free to contact us with any questions you may have.
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