what kind of lawyer deals with death of a parent will

What to do when a parent dies without a will?

Many executors are able to wrap up an estate themselves, without hiring a probate lawyer. By Mary Randolph, J.D. Free Case Evaluation Please answer a few questions to help us match you with attorneys in your area. Select Your Legal Issue "In Nolo you can trust." — The New York Times Why You Can Trust Us

When to call an estate planning attorney after a death?

You may have had a power of attorney for the loved one who has just died, and you may erroneously believe that the power of attorney is still in force. Unfortunately, the power of attorney you may have had in place is no longer valid following the death, and it is important to understand that distinction.

Who is the paralegal who specializes in family law?

(Each state’s laws determine who can access the safe deposit box of a deceased account holder.) The best path to settling your parent’s will, especially if there’s an inheritance, may be hiring a probate attorney familiar with state and local laws. Ask trusted friends for a recommendation or contact the local legal bar.

Who can act on behalf of an estate following a death?

The probate attorneys at Fair Share Lawyers put together a list of steps to take and things to know when a loved one dies. If you have questions about the management of your loved one’s estate or the probate process, call us anytime at (888) 694-1761 to get answers. 10 Things to Know After the Death of a Loved One Download PDF

Is a power of attorney valid after death?

Unfortunately, the power of attorney you may have had in place is no longer valid following the death, and it is important to understand that distinction. A previous power of attorney does not give you the power to handle the estate after the death of your loved one.

What is the best way to protect assets after a loved one dies?

The best way to protect the assets is to open the estate right away.

How to contact an estate attorney in Arizona?

Call Arizona Estate Attorney Dave Weed at (480)426-8359 to discuss your case today.

Is it hard to handle an estate?

The death of a loved one is always hard, but the difficulty of handling the estate can make an already difficult situation that much worse. Dealing with the complexities of the estate, closing the financial affairs of a deceased loved one and handling the taxes due can really put a strain on your emotions.

Do you have to open a probate estate?

In most cases, the answer to this question will be yes. Many people erroneously believe that they will not need to open a probate estate, but this is rarely the case. If you fail to open a probate estate, you could be liable for taxes and other claims. Even if you do not think a probate estate is necessary, it is important to discuss your options ...

What happens if you don't open a probate estate?

If you fail to open a probate estate, you could be liable for taxes and other claims. Even if you do not think a probate estate is necessary, it is important to discuss your options with an experienced estate attorney.

Do debts disappear when someone dies?

There is a great deal of confusion about how debts are handled when an individual dies. Some people think that these debts simply disappear when the debtor dies, but that is not always the case. While some debts are forgiven on death, others follow the deceased and become part of the estate. The good news is that the family members ...

How to settle a parent's will?

The best path to settling your parent’s will, especially if there’s an inheritance, may be hiring a probate attorney familiar with state and local laws. Ask trusted friends for a recommendation or contact the local legal bar.

Who is responsible for a loan if there is no will?

If your mom or dad had a loan with a spouse, the spouse may be responsible for the debt. Otherwise, the executor of the will is probably the person who will handle this. 3. If there is no will, the court will appoint an executor. Whatever the case, paying off debts is important for avoiding interest charges.

Is it hard to think about money after your parents pass?

At first, it may be hard to think about money at all, but there will be choices to make in the days following your parent’s passing. It may help to take care of pressing concerns as early as you’re able, then take a little time before moving on to the next set of tasks. a major expense for many people.

What is the hardest part of managing a parent's money?

Settle debts: One hard aspect of managing a parent’s money is paying off debts. If your mom or dad had a loan with a spouse, the spouse may be responsible for the debt. Otherwise, the executor of the will is probably the person who will handle this. 3. If there is no will, the court will appoint an executor.

What to do if your parent lives alone?

You could start by making a list of ongoing costs you’ll need to continue paying, including utilities, upkeep and taxes. (For reference, consider your own household costs.)

What to do if your parent doesn't have an accountant?

Pay your parent’s taxes: If your parent didn’t have an accountant and you don’t feel comfortable filing taxes yourself, ask friends and relatives for help finding a reputable accountant to file on your parent’s behalf.

What is a funeral home?

1. a major expense for many people. Costs do vary, however, depending on whether burial or cremation is chosen. It may be comforting to know that the Federal Trade Commission has a say in how funeral homes operate, and offers its own checklist to help you through this decision-making process.

Who can act on behalf of an estate after death?

The only person permitted to act on behalf of an estate following a death is the personal representative or executor appointed by the court . Assets need to be protected. Following the death of a loved one, there is often a period of chaos. This, coupled with grieving, presents a unique opportunity for those bent on personal benefit.

Is a power of attorney valid after death?

A power of attorney is no longer valid after death. The only person permitted to act on behalf of an estate following a death is the personal representative or executor appointed by the court. Assets need to be protected. Following the death of a loved one, there is often a period of chaos. This, coupled with grieving, presents a unique opportunity ...

What to know after death of loved one?

10 Things to Know After the Death of a Loved One. A power of attorney is no longer valid. Many people believe that, as the power of attorney , they continue to have the power to administer an estate following the death of a loved one. This simply is not the case. A power of attorney is no longer valid after death.

Why is it important to protect assets after death?

Assets need to be protected. Following the death of a loved one, there is often a period of chaos. This, coupled with grieving, presents a unique opportunity for those bent on personal benefit. It is important for the family, even before the opening of an estate, to protect all assets that belonged to the decedent.

Do you need a death certificate after a funeral?

Most funeral homes assist families with obtaining these certificates. You should get several copies of the death certificate to ensure you have enough for all administration needs .

What to do if you run out of copies of your death certificate?

If you run out of copies, the Department of Vital Records can be contacted for additional copies. Determine if taxes are current. Following the death, there are so many things to take care of, it can be easy to forget about the decedent’s taxes.

What is the phone number to call for probate?

If you have questions about the management of your loved one’s estate or the probate process, call us anytime at (888) 694-1761 to get answers.

What happens when a parent dies?

In many cases, when a parent dies the family is not quite sure what needs to be done legally, to handle their assets. For most, one of the children has been named executor of a will left by a parent. Here you can find a step-by-step guide to handling your parent’s estate after their death.

Can a child be the executor of a will left by a parent?

In many cases, when a parent dies the family is not quite sure what needs to be done legally, to handle their assets. For most , one of the children has been named executor of a will left by a parent. Here you can find a step-by-step guide to handling your parent’s estate after their death.

Can a child be executor of a will?

For most, one of the children has been named executor of a will left by a parent. Here you can find a step-by-step guide to handling your parent’s estate after their death. It is still a good idea to consult with an estate planning attorney to make sure you have everything covered.

Can you use your parents assets after they die?

Managing your parents assets in the short term. If you were an agent for your parent, through a power of attorney, at the time of their death, that authority will no longer be valid. That means you should not attempt to use their assets or access their accounts until you have obtained the proper authority to do so.

How to prepare for your parents death?

How to be prepared in advance. Recognizing that your parent’s death is inevitable, you can reduce the burden on you at such a difficult time by being prepared. Discuss with your parents ahead of time where you can find the following information: Contact information for the executor if it’s not you.

What to expect when you are executor of a will?

What to expect if you are the executor of a will. There are some basic duties that an executor of a will is required to perform. But, the full extent of an executor’s duties depends entirely on the nature of the estate being probated. The duties of an executor officially begin with the application for probate of the estate, ...

What do executors do?

The duties of an executor officially begin with the application for probate of the estate, with the exception of very modest estates. As executor, you will need to obtain letters of testamentary from a court when a will is involved, or letters of administration if there was no will. Once that has been done, you need to locate ...

Can you challenge a parent's will?

The Challenge: you can challenge a parent’s Will if you have legal grounds to do so. The most often used grounds for setting aside a Will are (1) lack of capacity, and (2) undue influence. For lack of capacity you must prove that your parent was not of “sound mind.”.

How to challenge a will?

To challenge a Will, you have the burden to overcome this presumption and prove a lack of capacity. Furthermore, to prove lack of capacity, you must have medical evidence of a mental defect. For example, a person with moderate to severe dementia would have a mental defect that could prevent him from understanding the nature of his property. ...

Can a child inherit property from a parent in California?

That all depends on the circumstances surrounding the creation of the Will in the first place. For starters, in California children do not have a right to inherit any property from a parent. In other words, a parent can disinherit a child, leaving them nothing.

Can a parent disinherit a child?

In other words, a parent can disinherit a child, leaving them nothing . Minor children can still enforce child support orders, or obtain a child support order or family allowance from the court where necessary, but those are support obligations for minor children not inheritance rights.

Can minors inherit property?

Minor children can still enforce child support orders, or obtain a child support order or family allowance from the court where necessary, but those are support obligations for minor children not inheritance rights. There is no absolute right for a child to inherit property. So if you do not have a right to inherit property from a parent, ...

What happens if there is no prior will in California?

If there is no prior Will, then the estate will pass under California intestate laws —most likely passing equally to the children.

Can you overturn a parent's will?

If you can meet one of these legal standards , then you may have a chance to overturn a parent’s Will. If, however, you cannot meet one of these standards, then you are simply out of luck. In other words, you cannot overturn a parent’s Will just because you don’t like its terms.

What to do if a decedent leaves an estate plan?

If the decedent left an estate plan, that plan should directly address such issues. But if it doesn’t, or if there is no plan, you’ll have to act. If the death was unexpected and there are immediate needs that must be addressed, you’ll need to call a local estate planning attorney about your options after you’ve ensured the child, dependent, or animal is cared for. In these situations, you may have to ask a court to issue emergency orders to ensure the protection of the minors or dependents.

What is traditional probate?

Traditional Probate. Traditional, also known as formal or supervised, probate is a probate process that involves some level of court supervision and approval. Most states have more than one type of traditional probate process, but again, the requirements and rules for each process differ widely.

What happens if an estate is insolvent?

If the estate is insolvent, some of the creditors won’t get repaid, or may receive only partial payment.

What is estate after death?

An “estate,” in legal terms, is the collection of assets, debts, and other issues left behind by a decedent.

Who is the administrator of an estate?

The estate administrator, also called the executor or personal representative, is usually the only person with the legal authority to manage the estate through the probate process – or at least, manage the estate after it’s been submitted to a probate court.

Do you have to pay estate taxes?

In general, you, as an individual, are never responsible for paying estate expenses. This includes any estate taxes that the estate might have to pay. Inheritance taxes, on the other hand, are different. If you receive an inheritance and live in one of the few states with an inheritance tax, it’s your responsibility to determine if the tax applies to you, and how much you have to pay.

What is the process of winding up a deceased person's affairs?

The legal process of winding up the affairs of the deceased is generally known as settling an estate, or estate settlement. As with all legal topics, and especially with estate law, there can be significant differences from state to state.

What happens when a sibling disputes a parent's will?

The death of a parent is a difficult time, and this tremendous loss can deepen rifts and cause problems among siblings. Money often rears its ugly head as an issue.

Do parents have the mental capacity to make a will?

In most states the standard is a bit lower. If your parent understood his assets and what he had to give away, if he understood who his heirs and beneficiaries were, and if he understood the effect of the will, then he had the mental capacity to make the will.

Can a sibling contest a will?

Just because your sibling decides to contest the will doesn’t mean they are going to actually overturn the will. Some siblings threaten a will contest when they feel slighted or hurt and don’t ever follow through. Contesting a will is expensive and time-consuming.

Why is a will contested?

There are only four main legal reasons a will can be contested: How the will is signed and witnessed. A problem with execution can lead to a will being declared invalid. Execution is all about how the will is signed and witnessed.

What happens if my parent doesn't sign my will?

If the signature is not your parent’s or a witness didn’t actually sign it, then there could be questions about its validity.

Can a parent sign a will if there are two witnesses?

If your parent signed it and there are two witnesses and all of your state’s requirements are met, there is no problem. If the signature is not your parent’s or a witness didn’t actually sign it, then there could be questions about its validity. Mental capacity at time of will signing.

What happens if your sister contests a will?

If your sibling actually contests the will or codicil and the court agrees that the will or codicil is invalid , or that parts of it are invalid, there are several outcomes. The entire will or codicil can be thrown out. If there is an earlier will in existence, that will could be put into place instead.

Can you inherit a probate estate if your other parent is alive?

If your other parent is alive, he’ll get a sizable portion of the probate estate and the balance would typically go to you and your siblings, if you have any. Otherwise, you and your siblings would inherit the entire estate. In some states, you must file a final accounting of the estate with the court before you can make distributions.

What is the next step in probate?

If you’ve already identified the property that requires probate, the next step is to complete an inventory for the court, listing the assets and citing their values. Some property might require professional appraisals.

Why do courts have to appoint an administrator to handle an estate?

The court must appoint an administrator to handle the estate because a will doesn’t exist that names an executor to do it -- and the state will decide who gets your parent’s property because she didn’t name beneficiaries. Not all states do these things in exactly the same way, but some general rules apply.