Probate Legal Guides (81 found)

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Written by Deborah Ann Malkin
Contributor Level 4

Probate is the court-controlled process through which assets are distributed from a decedent to the beneficiaries. It is long, expensive, and public. Most people want to avoid having their estate go through probate upon their deaths.
Michael Lewis Van Cise
Written by Michael Lewis Van Cise
Contributor Level 5

This legal guide discusses the requirements of Georgia law on a person in possession of the will of a deceased person.
Richard Eugene Ehrlich
Written by Richard Eugene Ehrlich
Contributor Level 5

A simple process for transferring assets after a loved one dies.
William D Sommerness
Written by William D Sommerness
Contributor Level 3

Most people think of Probate as the process used after someone dies. There is another process used while people are still living that is known as "Living Probate" and a full understanding of what it might mean for you and your family can be a real incentive to do your own estate planning!
Dana Joseph Stewart
Written by Dana Joseph Stewart
Contributor Level 4

There are many misconceptions regarding wills and probate. This overview is a general guide for those who have questions regarding wills and probate.
Cheryl K. David
Written by Cheryl K. David
Contributor Level 5

Often people own property together, joint with right of survivorship. When you own the property this way probate is usually not necessary. However, there are other forms of dual ownership which will require probate, such as tenancy in common. Your legal documents list the way the assets are titled.
Richard A Behlmann
Written by Richard A Behlmann
Contributor Level 4

Estates with limited assets can often be positioned so that upon death all of the assets and transfer automatically without a requirement for probate or other process.
Cheryl K. David
Written by Cheryl K. David
Contributor Level 5

Often a trust which doesn't have title to legal assets transferred (funded) to the trust name won't avoid probate.
Brian Joseph Cohan
Written by Brian Joseph Cohan
Contributor Level 5

It is essential that in addition to a Last Will and Trust, every individual should have the following companion documents: 1. Durable Power of Attorney for Property; 2. Durable Power of Attorney for Health Care; 3. HIPAA Authorization; 4. Declaration of Living Will;
Mitchell Allan Port
Written by Mitchell Allan Port
Contributor Level 5

For probate, that is California decedent's estates, free forms are available by clicking on this link: http://www.californiataxattorneyblog.com/2009/04/free_california_probate_forms_1.html
Aaron Leigh Evans
Written by Aaron Leigh Evans
Contributor Level 3

The steps you need to take within the first 10 days after a loved one passes away.
Douglas L. Kaune
Written by Douglas L. Kaune
Contributor Level 4

1. Tell him or her where to find your will in advance. 2. A clear list of assets. 3. A list of beneficiaries, addresses and phone #'s. 4. Attorney to represent the estate. 5. Asset statements, deeds and car registrations. 6. Safe deposit key. 7. Burial Instructions.
Joel Armstrong Schoenmeyer
Written by Joel Armstrong Schoenmeyer
Contributor Level 3

Illinois law requires anyone in possession of an original Will of a deceased person to file it with the clerk of the appropriate court. What's the procedure for doing that? This how-to guide covers Cook County, but many of its points are applicable to other Illinois counties as well.
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Written by Rudolf J. Karvay
Contributor Level 6

In New York, small estate settlement can be inexpensive and quick. If the estate qualifies, there is no need to go to court and you don't need to spend a great deal of money on legal fees.
Robert W. Hughes Jr.
Written by Robert W. Hughes Jr.
Contributor Level 5

One of the simplest ways to ensure that you receive the entirety of your spouse’s estate is to file for a year’s support. If you have a minor child, this petition must be joint between the yourself and the minor child(ren). If there is a will, the will must be filed with the court.
Mitchell Allan Port
Written by Mitchell Allan Port
Contributor Level 5

The question I hear as a California probate lawyer from clients after the death of a loved one is: “What do I need to do now?” Not all of the points below will apply to all Decedents, but many of them will. What follows should be considered when a close friend or relative dies in California.
Mitchell Allan Port
Written by Mitchell Allan Port
Contributor Level 5

The following information, in question and answer form, is not a part of the California Statutory Will. It is designed to help you understand Wills and to decide if a Will meets your needs. This Will is in a simple form.
Mitchell Allan Port
Written by Mitchell Allan Port
Contributor Level 5

As a probate lawyer in Los Angeles, from time to time I am hired to handle the estate of a Los Angeles resident who dies without a will. To pass property to heirs and beneficiaries in California after dying without a California will is called intestate succession.
Michael Lewis Van Cise
Written by Michael Lewis Van Cise
Contributor Level 5

This legal guide explains how an Executor (named under a will and duly appointed by a Georgia probate court) can transfer title to an automobile to a third party or to a beneficiary under the will.
Kennard Neal Friedman
Written by Kennard Neal Friedman
Contributor Level 5

Many people try to take care of everything in the first few days. This is impossible and often makes matters worse. Forcing decisions can leave hard feelings. In many states, you can wait a month to start dealing with the estate. Completing all of the work can take months or years.

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