FAQ

  • Probate

    • What is probate, and why does it matter?

      Probate is a legal process that ensures the orderly distribution of a deceased person's estate. It matters because it validates the will, pays debts and taxes, and ultimately transfers assets to heirs or beneficiaries. 

    • Is probate always required when someone passes away?

      Not always. Some assets can pass directly to beneficiaries without probate, such as joint bank accounts or assets with designated beneficiaries. However, probate may be necessary for assets solely in the deceased person's name.

    • What happens if there's no will?

      If there's no will (intestate), state laws determine asset distribution. Generally, assets go to close family members, but the specifics vary by jurisdiction. 

    • How long does probate take?

      The duration varies, but it typically takes several months to a year. Complex estates or legal challenges may extend the process.

    • Can I avoid probate through estate planning?

      Yes, certain strategies like establishing living trusts or joint ownership can help bypass probate for specific assets, offering a smoother transfer to heirs.

    • What is the role of an executor?

      An executor is named in the will to oversee the probate process. Their responsibilities include managing assets, paying debts, and ensuring the distribution aligns with the deceased's wishes. 

    • How are debts handled during probate?

      Debts are paid from the deceased person's estate. If there aren't enough assets to cover debts, some creditors may not be fully repaid. 

    • Can I contest a will?

      Yes, under certain circumstances. Common reasons include undue influence, fraud, or lack of mental capacity when creating the will. 

    • Do all assets go through probate?

      No. Assets with named beneficiaries, joint ownership, or held in trusts often bypass probate. Only assets solely in the deceased's name typically go through probate. 

    • How can a probate lawyer help me?

      A probate lawyer can guide you through the legal process, ensure proper documentation, minimize complications, and provide valuable support during a challenging time. 

  • Estate Planning

    • Why is estate planning important for me?

      Estate planning is like a roadmap for your assets, ensuring they go where you want them to and reducing stress for your loved ones during difficult times. 

    • Do I need a will if I don't have significant assets?

      Absolutely. A will is not just for the wealthy; it's your way of expressing your wishes, protecting your family, and making the process smoother for them. 

    • What is the difference between a will and a trust?
      A will is like a set of instructions for after you're gone, while a trust is more like a container that can hold your assets during your lifetime and beyond, often avoiding the need for probate.
    • How often should I update my estate plan?

      Think of your estate plan like a good pair of shoes; it needs to fit well. Update it when life changes significantly to make sure it still aligns with your current situation and wishes. 

    • What is a power of attorney, and why do I need one?

      A power of attorney is like giving someone you trust a spare key to your life – they can step in and handle things if you can't, providing peace of mind for you and your loved ones.

Back to Top