Make an appointment with a lawyer. This can be your parent’s lawyer, your lawyer or a new lawyer you have been referred to by a trusted advisor. Just because dad used his old college buddy for his legal needs does not mean that you have to use that same lawyer to administer his estate.
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Managing, appraising, and selling a business are all tasks that require some expertise and experience. You'll probably want expert advice. No one is fighting. If disgruntled family members want to contest the will, or are threatening a lawsuit over the will, get a lawyer's help right away.
But if you're handling an estate that's straightforward and not too large, you may find that you can get by just fine without professional help. Here are some circumstances that make you a good candidate for handling the estate without a professional at your side.
What to Do When a Parent Dies Without a Will? Can You Close an Estate if a Lawsuit Has Been Filed? The probate process itself isn’t dramatically altered when someone dies without a will. The major differences occur at the beginning and end of the proceedings.
Family law is law that involves family matters. These matters can include marriage, divorce, adoption, child support, custody and establishing parentage. In most cases, marriages do not require a lawyer but a prenuptial agreement should be reviewed by a lawyer.
When it comes time to distribute your parent’s property to beneficiaries, you won’t have any say in who gets what if she died without a will . All states have rules for intestate succession, which is a statutory list of people who are entitled to inherit. 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.
You’ll also have to send notice to your parent’s creditors that her estate is in probate, advising them how to make claims for the money they’re owed. You can check your state’s website to find out how you’re required to do this or consult with a lawyer to make sure you get it right.
Some property might require professional appraisals . You’ll also have to send notice to your parent’s creditors that her estate is in probate, advising them how to make claims for the money they’re owed. You can check your state’s website to find out how you’re required to do this or consult with a lawyer to make sure you get it right. You’ll have to prepare a final tax return for your parent as well as for the estate if any funds come in after her death; an accountant can help you with this. Check to see if your state has an estate tax. Federal estate taxes are only due if the value of your parent’s estate -- after subtracting debts, liens and the costs of probate -- exceeds $5.34 million as of 2014.
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.
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.
A probate attorney mainly gives legal advice regarding the estate administration. The attorney's role will differ based on whether the deceased had a will or if they died intestate (without a will).
Some of the things an attorney can help you with include: Transferring real estate and other assets to beneficiaries. Paying outstanding debts. Collecting proceeds from life insurance policies. Resolving tax issues, including income tax, federal estate tax, and estate tax return issues.
If there are issues with the will. If there are taxes and debts that need to be paid. Depending on how complicated the case is, the probate process may take anywhere from a few years to decades.
The probate process begins once someone passes away. The process will vary if the person died with a will or without one. In either case, the probate court will be in charge of supervising how the property is distributed.
Whether or not an estate has to go through probate depends on the laws of the state. Some states, for instance, have simplified procedures to transfer property if the estate doesn't have enough money or if the estate's worth is under a certain amount.
If there is a will, the person who passed away will usually have named a specific person as an executor. This person is in charge of managing the decedent's affairs.
Navigating through probate is not an easy task. It requires you to know your state's specific probate rules and procedures. If you are an executor or are somehow involved in a probate process, speak to an experienced attorney near you to get proper legal advice. You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help.
It is important in divorce cases for an individual to have a family lawyer representing them to ensure their rights are protected.
It is important to remember that, in most cases, when an individual cannot afford a criminal lawyer, the court will appoint one to represent them. It is also important to keep in mind that if an individual is sentenced to jail time, they will not be able to earn an income and may lose a job.
Criminal cases usually involve a prosecutor, a defendant and a defense attorney. A criminal lawyer is also sometimes called a defense attorney. These lawyers can be hired by the defendant or appointed by the court to represent the defendant.
Probating a will includes distributing property after a decedent, or individual who passed away, under court supervision. Guardianship is when an adult is appointed by the court to care for a minor child or a minor child’s property, such as a trust fund. Emancipation occurs when a minor child is granted certain rights of an adult, such as signing contracts. Conservatorship occurs when an adult is appointed to care for another adult who cannot care for themselves.
LegalMatch.com is a fast, free, and confidential online platform to help you find the right lawyer for your case. LegalMatch.com provides attorney-client matching services based on the type of case, type of lawyer needed, and your location.
Even in transactional civil matters, such as drafting a contract, a lawyer can be very helpful. A lawyer can make sure contracts are drafted correctly and avoid problems at a later date. A real estate purchase, business purchase, and/or creation of a trademark or copyright will most likely involve a lawyer.
Lawyers can provide a wide range of services to their clients. Some lawyers handle many different types of cases. Some lawyers specialize in one or two types, such as family and divorce law.
In addition to a general understanding of your legal needs, the lawyer may want to know who else is involved with the case and their relationship to you. For example, in some probate matters, a client visits the lawyer to seek help for his or her parents or siblings.
Even if a lawyer doesn't ask for documentation beforehand, it's still a good idea to bring a copy of all relevant documents to the meeting. Spend some time thinking about what you may have on hand. Try to organize the documents in a logical manner before you meet with the lawyer.
At the consultation, be prepared to talk about your case. The lawyer may not too many details of your case before you sign a fee agreement, but you should be prepared just in case.
Expertise. Specifically, find out if the lawyer will handle a case like yours. Trusts and estates lawyers often specialize in a particular area— in estate planning, probate, trust administration, special needs issues, elder care, or other specific legal issues. You want an attorney who is experienced in the area you need, but not necessarily highly specialized in other areas—otherwise you might end up paying a higher rate for specialization that doesn’t apply to your situation. You could ask how many similar matters the lawyer has handled, or what percent of the lawyer's practice is in the area of expertise that you need.
To save money and to make the most of your time with your attorney, learn about your legal issue before you talk with the attorney. For example, if you’re interested in estate planning, learn the difference between a will and a living trust. Or, if you’re looking for a lawyer to help with a probate proceeding, take a bit of time to learn about probate, what a probate lawyer does, and what parts of a probate proceeding you might be able to take care of yourself.
Do everything you can to reduce the time that lawyer will have to spend on your case. Even eliminating one email exchange could save you hundreds of dollars. ...
After you decide on which attorney to hire, you’ll sign a fee agreement and officially begin your relationship with your lawyer. The first meeting with an attorney usually involves the exchange of a lot of information. You will spend a good deal of time explaining to the attorney the details of your legal issue and answering his or her questions. He or she will spend a good amount of time discussion and laying out a plan. If you think you might get nervous or forget something, you could practice this conversation with a friend, or you could write down what you want to say.
There is no simple way to find a will that hasn't been probated. If you have access to your father's papers, see if you can find anything with a reference to a lawyer or even an accountant. An accountant may know who your father's lawyer is. In any case, your father should have either the original will or a copy so check safe deposit boxes and file cabinets. If you can't find the will, an ad in the New York Law Journal...
You didn't indicate how long ago it was that your father passed away . Generally, a Will must be filed in the probate court within 10 days after death - - - but this is often ignored until an estate is opened. It may be that your father had a trust and transferred all of his assets to his trust to avoid probate and to keep the knowledge ...
You have been given some good practical advice. Legally, I suggest that you file an administration proceeding to be appointed as administrator. Your father's wife will get notice and if she has a will that benefits her, she will come forward with it and ask to be named as Executor. You can also do a petition to compel the production of a will, but this is more costly and you do not have enough information. You should...
Broadly speaking, you get power of attorney for a parent by having him or her name you as the agent in a POA document that he or she has signed while sound of mind. However, the process is rarely as simple as it seems, especially when it comes to ensuring that your power of attorney will be recognized by third parties. Things can also become more complicated if you're trying to get power of attorney for a sick parent who is already suffering from dementia or another terminal illness or incurable condition that affects his or her ability to communicate or make reasoned decisions.
So, what is a durable power of attorney? It's an agreement that goes into effect right away and gives an agent the authority to carry out his or her specified responsibilities even after the principal becomes incapacitated. Essentially, the difference between a "general power of attorney" and a "durable power of attorney" is that a general POA terminates when the principal is deemed to lack capacity, whereas a durable POA stays valid beyond that point. In most cases, a durable power of attorney covers financial responsibilities, but some people also use it to cover certain duties related to caregiving or healthcare.
The duty of a power of attorney agent is to always act in the best interests of the principal.
A POA document is generally a written agreement between two people: (1) the principal (sometimes called the grantor) and (2) the agent (sometimes called the attorney-in-fact). The agent is the person appointed to act on behalf of the principal. So your parent (the principal) can grant you (the agent) certain powers of attorney.
For example, you sign as a power of attorney agent by using a formula like "Your Parent's Name, by Your Name under POA." (If your name was John Doe and your parent's name was Jane Doe, your signature would be "Jane Doe, by John Doe under POA.")
But here's the most important thing to understand: You cannot get power of attorney if someone is incapacited. You get power of attorney by having someone willingly and knowingly grant it to you in a signed legal document. He or she must be able to sufficiently comprehend what a POA document represents, understand the effects of signing it, and clearly communicate his or her intentions. (So if your parent lacks the capacity to grant you power of attorney, you'll need to consider the alternative, more complex legal option: adult guardianship .)
However, there can be more than one person with power of attorney because your parent may decide that various responsibilities should be divided up among two or more people. (Frequently, for instance, one agent will handle financial matters, whereas another will handle healthcare issues.)
But if it looks like there won't be enough money in the estate to pay debts and taxes, get advice before you pay any creditors. State law will set out the order in which creditors get priority, and it's not always easy to figure out how to parcel out the money. The estate won't owe either state or federal estate tax.
No one is fighting. If disgruntled family members want to contest the will, or are threatening a lawsuit over the will, get a lawyer's help right away. You may be able to head off a court fight—which will consume more money and time than you can probably imagine—or at least figure out how to win it.
The estate won't owe either state or federal estate tax. More than 99% of estates don't owe federal estate tax, so this isn't likely to be an issue. But around 20 states now impose their own estate taxes, separate from the federal tax—and many of these states tax estates that are valued at $1 million or larger. If you will be responsible for filing an estate tax return with the state where the deceased person lived or owned real estate, you should get legal and tax advice. An estate tax return is not a do-it-yourself job.
Probate is easier in states that have adopted the Uniform Probate Code (a set of laws designed to streamline probate) or have simplified their own procedures. The estate doesn't contain a business or other complicated asset.
But you won't need probate if all estate assets are held in joint ownership, payable-on-death ownership, or a living trust, or if they pass through the terms of a contract (like retirement accounts or life insurance proceeds). The estate qualifies for simple "small estate" procedures.
Many executors decide, sometime during the process of winding up an estate, that they could use some legal advice from a lawyer who's familiar with local probate procedure . But if you're handling an estate that's straightforward and not too large, you may find that you can get by just fine without professional help.
Most or all of the deceased person's property can be transferred without probate. The best-case scenario is that you don't need to go to probate court, because assets can be transferred without it. This depends on the planning the deceased person did before death—you can't affect it now.
Besides helping your draw up a valid will, a lawyer can also answer your questions about complicated legal matters. You can, for example, ask them how to best structure your assets to make your plan work best. You may also have a complicated situation such as a family member with special needs.
Why You Need a Will. If you have a child under the age of eighteen, a will is necessary so you can appoint guardianship in the event of an untimely tragedy. If you were to pass away without a will, the court will end up determining guardianship. While your child may eventually go to a relative or close friend, the arrangement could come ...
Generally, folks tend to see making a will as a morbid task and try to put it off. In fact, in a recent survey, it was found that only 8.2% of those between the ages of 18 and 34 have a will. And the number is less than 30% for those aged 35-54.
The right professional will have the knowledge and background necessary to create a thorough, professional document.
Consider things such as your religious or moral values. Will the person you’re choosing continue to pass them on?
It’s important when meeting with an attorney to start with what you hope your will can accomplish, and allow them to help you iron out all of the details.
While your child may eventually go to a relative or close friend, the arrangement could come at great expense to your loved ones. Or the guardian could end up being someone you wouldn’t have chosen.