First and foremost, an inheritance lawyer will be the representative of the individual that hires them, who may be receiving an inheritance. The first thing an inheritance lawyer will do is make a determination as to whether or not the individual that is consulting with them is rightfully due an inheritance under the laws of intestacy for that state.
Aug 07, 2013 · You should hire an attorney who is not only versed in probate procedure, but also is experienced in litigation. Many probate filings are not adversarial or contested, but your situation is shaping up to be a contest.
Feb 17, 2021 · Without a trust or will, someone must initiate the process on behalf of the loved one’s estate to determine the heirs. The person initiating the process may request, through an attorney, appointment by the court as administrator of the loved one’s estate.
Jun 02, 2016 · Focus your search on attorneys who specialize in probate or inheritance law and practice in the county where the deceased lived. Probate typically will occur in that county, and probate rules and procedures can vary even among counties in the same state. Many bar associations have special sections for probate or inheritance attorneys.
I agree with my colleagues. You should hire an attorney who is not only versed in probate procedure, but also is experienced in litigation. Many probate filings are not adversarial or contested, but your situation is shaping up to be a contest.
A Probate Attorney familiar with the County and the courts where the property is located
Attorney McMahon is correct. You need to consult with an experienced probate litigation attorney to provide you with your options going forward. Good luck to you.
Please consult an estate litigation attorney in the county where the property is located.
When coming up with an estate plan with a trusted inheritance attorney in your area there are circumstances that need to be figured out when it comes to asset distribution. Perhaps your wish is to hand out large sums of money in installments to an individual rather than in one lump sum.
Our Phoenix inheritance and estate planning attorneys have the resources, the experience and the dedication you deserve. Reach out to us for all of your inheritance and estate planning needs and we will be dedicated to your peace of mind.
In either case, if the court decides the person is not fit to serve, your attorney could request that you, or someone else, be appointed to serve as successor executor or trustee. If there is a failure to communicate. Executors and trustees must keep beneficiaries informed of the beneficiaries’ status and the relevant terms of the will or trust. ...
If you have concerns about the executor’s or trustee’s actions or ability to fulfill the role. If you are concerned about the ability or capacity of the executor or trustee to carry out his or her duties, you may consider hiring an attorney to represent you. If the executor named under the will or the serving trustee is exhibiting signs ...
If such a process has not been initiated, you could consider initiating the process yourself through your attorney, or you may simply want to have your attorney help you understand your rights and serve as your voice during the process .
If you are a close family member of someone who died, you should contact an attorney to represent your interests ...
If you are worried that Aunt Melba suffered from a medical condition that prevented her from being able to understand her will, or if you suspect her nurse or boyfriend influenced her into signing a will she did not want, you may consider hiring an attorney to file an action in court to contest the validity of her will or trust.
Generally, to have a valid will, a person must have had the ability to understand that the person was intentionally creating a will or trust. In other words, the person wanted to write a will and leave instructions for how the person’s money and property should be given when he or she dies.
If there is a question about whether your loved one’s will or trust was done correctly, you should consider getting an attorney to represent you in challenging the legality of the will or trust. Generally, to have a valid will, a person must have had the ability to understand ...
The executor can be a major issue when probating a will. Maybe the person who is named in the will is no longer qualified, or no longer wishes to take on that role. Another conflict can occur when members of the family don't approve of the person named executor, or don't believe that person is adequate for the role.
1. Compare and contrast the attorneys you interviewed. Once you've met your candidates, you're in a good position to objectively evaluate their strengths and weaknesses. One of the easiest ways to do this is to create a chart that measures each attorney on various points such as experience, specialty, and cost.
1. Determine your goals and needs. What you anticipate will determine the type of attorney you need to hire. Although you can't predict everything that could possibly happen during probate, if you want to hire an inheritance attorney you should already have a good idea of the challenges you might face.
When a loved one dies, the situation is stressful and emotionally fraught enough without having to navigate the probate system on your own. Regardless of whether your loved one left a will, most estates must go through a rather complicated process in probate court before that person's assets can be distributed.
Your attorney should go over the retainer agreement with you to make sure you understand it. If there's something confusing, ask about it. Keep in mind that the terms of the retainer agreement typically are negotiable. If something doesn't sit well with you, speak up. It may be possible to come to a better agreement.
When you have an initial consultation with an attorney, you're not just meeting the attorney – you're also meeting the attorney's staff and other members of the firm, as well as getting an introduction to the office itself.
1. Schedule several initial consultations. You don't want to just pick a name and go with that person without evaluating a few others. Aim to interview at least three attorneys so you have a range and can properly compare candidates.
Inheritance is the practice of passing on wealth or obligations upon the death of an individual. This allows parents to pass on real estate, mineral interests, royalty rights, land, buildings, houses, businesses, stocks, jewelry, and other wealth to their children and people that they love. It is estimated that in the United States over $200 Billion each year passed down through inheritance to heirs and beneficiaries. Through Wills and intestate laws, Texas courts determine who are proper heirs and beneficiaries and allow tremendous amounts of wealth to be inherited each year. The amount of wealth including real estate, mineral interests, royalty rights, land, buildings, houses, businesses, stocks, jewelry, life insurance, bonds, and gold that will be passed through inheritance is expected to continue to increase in the next 20 years as Trillions of Dollars in wealth is passed on through inheritance.
Many Texas families became extremely wealthy through their oil royalties and mineral interests making millions and hundreds of millions of dollars. Currently, about 2/3 of the 254 counties in Texas produce oil ...
After a person dies, the Will and a death certificate need to be filed in the probate court or county court where the decedent resided when they died. After both the Will and Death Certificate are filed with the proper court, a hearing has to held where the death of the decedent is proven, the Will is to be determined to be valid, and the executor is sworn in and appointed.
It is estimated that in the United States over $200 Billion each year passed down through inheritance to heirs and beneficiaries. Through Wills and intestate laws, Texas courts determine who are proper heirs and beneficiaries and allow tremendous amounts of wealth to be inherited each year.
Trustees have a duty to provide an accurate accounting of property that is put in their safekeeping . Failure of a trustee to prudently invest property or take care of these assets can lead to a breach of fiduciary lawsuit. Unfortunately, there are trustees that will commit fraud and other wrongful acts to steal money from trusts and rightful beneficiaries. Some of these banks and other trustees will take money that does not belong to them and treat it as their own. Whether these negligent or fraudulent trustee are banks, family members, step relatives, or opportunists, it is important to have a Texas Trust Fraud Lawyer that can help seek compensation for the theft or negligent management of Trust Assets.
Currently, about 2/3 of the 254 counties in Texas produce oil and there are vast amounts of wealth being made on the hundreds of millions of barrels of oil and vast amounts of gas that are produced in Texas each year. Keeping track of who inherits this wealth and who are the rightful beneficiaries of royalties, leasing contracts, ...
Surface rights refer to any structure erected above the surface or sub-surface structures that do not exceed a certain depth, as well as rights to use all surface property surrounding structures in accordance with state, federal, and local law. Mineral rights refer to mineral substances below a certain depth and the way in which they are preserved, ...
Family Lawyers. These are lawyers who handle all kinds of domestic cases, such as divorce, legal separation, child custody, adoption, paternity, alimony, prenuptial or postnuptial agreements, and emancipation. But family attorneys may also handle reproductive rights cases, and their work may intersect with other areas of the law.
Different types of lawyers specialize in different areas of law. Some lawyers mostly do the work outside of the courtroom, such as drafting contracts and wills, preparing documents to comply with a process, negotiating deals, and advising clients on a legal problem. There are also lawyers who present cases in court or litigations ...
Since these are professions that ascribe to a set of standards , they have greater professional responsibilities that may be challenged in the courtroom or in litigation.
Real estate lawyers provide legal guidance for individuals or companies seeking to buy or sell a property. They work with their clients and the real estate agents to draft documents and ensure that the paperwork is legally binding. They may also negotiate for the buyer or seller, or represent a property owner during a foreclosure dispute.
But family attorneys may also handle reproductive rights cases, and their work may intersect with other areas of the law. For instance, if there’s a criminal investigation of child abuse or a domestic violence case, or if there’s a juvenile delinquency case, a family lawyer may also work with a criminal lawyer. 3. Estate Planning Lawyers.
They need to have expert knowledge in both business and innovation trends. IP lawyers may also negotiate settlements on behalf of the creator or inventor if someone has infringed on their work, such as in cases where branded goods are faked and sold for a lower price in the market.
Last but not least, a criminal defense lawyer is skilled in handling all stages of a criminal lawsuit. They provide valuable counsel to their clients from the time they are arrested, through the investigation, charging, arraignment and sentencing. Their work isn't quite done if their clients wish to appeal their case. A good criminal defense attorney knows how to navigate the nuances of the law, which allows them to keep their clients out of prison.
Estate planning consists of the actions taken by a testator to prepare for the disposition of their estate. These actions include drafting wills and trusts that specify who will inherit the testator’s estate. An estate includes the entirety of a person’s wealth and assets, including land, money, insurance, investments, personal and real property, ...
Often, though, once the testator has died, disagreements regarding the distribution of money or property occur, typically among family members, who either did inherit something from the will, or did not inherit something but believe that they should have.
There is a latent ambiguity in the will, such that introduction of evidence, relevant to intent, of what the testator said before they died (i.e., to friends, to family) may be required. A latent ambiguity is a misdescription of persons or property. The misdescription, however, is not obvious on its face.
In a will contest, a dissatisfied party challenges part or all of the will on specific grounds. These grounds may include (but are not limited to): 1 Whether the testator had testamentary capacity (legal capacity) to create a will; 2 Whether a will, or part of a will, was the product of fraud or forgery; 3 Whether another will exists, that renders the will being disputed outdated or void; 4 Whether the proper formalities were observed during will execution (i.e., whether witnesses were present, whether the testator acknowledged their signature in the witnesses’ presence, etc.); or 5 There is a latent ambiguity in the will, such that introduction of evidence, relevant to intent, of what the testator said before they died (i.e., to friends, to family) may be required.#N#A latent ambiguity is a misdescription of persons or property. The misdescription, however, is not obvious on its face. An example is when a will provides, “I give $1,000 to JJS.” The testator has a relative named JAS, and another named JPS, but none named JJS.
To “probate” a will is to distribute the decedent’s property in accordance with the will’s terms. The probate proceeding is the means through which the judge gives the legal approval for the property distribution.
Private settlement involves negotiation between the executor (the individual tasked with the distribution of the estate) and those individuals who have taken issue with what was, or what was not, distributed to them under the will.
ADR is generally less expensive, and allows for faster dispute resolution, than does disputing the will through court proceedings. A dissatisfied party can, in lieu of alternative dispute resolution (or if efforts at alternative dispute resolution fail), initiate a will contest in court.
The Social Security Disability system can be a particularly complex system in which to navigate. An attorney who specializes in Social Security Disability issues can help you with any step in the Social Security Disability process, including assisting you with eligibility issues, launching an appeal of a decision to deny you benefits and dealing with the reduction or termination of your benefits.
A corporate lawyer will be able to help you with issues related to the formation of your corporation, general corporate governance issues and corporate compliance issues.
The estate planning lawyer specializes in wills and trusts, and can help you to draw up a will to pass on your assets. Among other estate planning legal services, this type of lawyer can help you set up a trust which will help take care of your children’s financial needs.
If you’ve been injured while on the job, or have had to face the death of a loved one as a result of a workplace accident or occupational disease, a lawyer who specializes in workers compensation law can help you navigate the issues you face, such as the extent of the employer’s fault and the amount of benefits to which you are entitled.
Also known as an IP attorney, an intellectual property lawyer can advise you with regard to issues relating to intellectual property, such as copyrights, trademarks, patents, industrial design and trade secrets.
Employment Lawyer. Whether you’re a company that’s having a problem with an employee, or an individual who’s having problems with the company you work for, an employment lawyer can generally provide advice about legal issues which arise from an employment contract or within an employment relationship.
The legal field is vast and complex, and you’ll find that many lawyers specialize in a particular area of law. If you find yourself in need of a lawyer, make sure they have the expertise to handle your unique situation. Because there are so many different types of lawyers, you'll want to match your legal concern with the appropriate attorney.
The probate court will check to see if the deceased named beneficiaries on stocks, bank accounts, brokerage accounts and retirement plans. Real estate, jewelry, heirlooms and other property can be more difficult to allocate.
Rates range from 0% up to 18% of the value of the inheritance. Inheritance tax is often discussed in relation to estate tax. These are two distinct taxes. The beneficiary pays inheritance tax, while estate tax is collected from the deceased’s estate. Assets may be subject to both estate and inheritance taxes, neither of the taxes or just one ...
When an Inheritance Has Restrictions. If you are on the receiving end of an inheritance, be sure to read the fine print. The will writer can specify that the amount is paid in small installments rather than in one large sum. He or she can also restrict the inheritance to certain uses, like education.
To distribute everything evenly, one can simply list beneficiaries. If certain items are to be left to certain people, that must be spelled out in the will. For the inheritance process to begin, a will must be submitted to probate.
When someone dies and there is no living spouse, survivors receive the estate through inheritance. This is usually a cash endowment given to children or grandchildren, but an inheritance may also include assets like stocks and real estate.
Once the plan is established, the court will appoint an administrator to act as executor and disseminate the assets. This process can take months or years to settle.
If you inherit stocks, real estate or other items that appreciate, you may have to pay capital gains tax once you sell them. The amount you’ll pay in capital gains tax is based largely on the amount of profit you make, using the value at the time of inheritance as your cost basis.