Category Archives: Probate
Access to Digital Records in Probate-How Does it Happen?
When you create an estate plan, you probably try to make sure that all of the assets you own are accounted for; that they are being left to whom you want to leave them to, or at least that they are being disposed of in the way that you like. You are creating a… Read More »
Problems Can Happen When Your Business Goes Through Probate
When planning an estate, we often give a lot of thought to our personal property, or our real property. Many of us however, fail to give thought to our business. We see our business as a separate entity, insulated from our personal passing, and just envision the business carrying on as usual after you… Read More »
Reformation of Wills and Trusts in Probate Court
Sometimes, people create wills and trusts and other estate plans, and mistakes happen. Sometimes, the estate documents that are created are wrong, or else, don’t accurately reflect the wishes of the person who created them. When that happens, interested parties can ask a probate court to alter the will, to reflect what the deceased… Read More »
Things You May Not Have Known About Undue Influence and Will Challenges
One of the primary ways that wills and trusts are challenged by others in the probate courts is through what is known as undue influence. What is Undue Influence? Undue influence means that someone has exerted some kind of pressure or coercion on the deceased while he or she was alive, and that pressure… Read More »
What Happens to Bank Accounts When Someone Passes Away?
When people pass away, they may not have huge estates, millions of dollars, and complex investments to pass on to friends and family members. What they may have are bank accounts—in fact, most all of us do. But what happens to a bank account when we pass on? And how can you leave what’s… Read More »
The Use of Medical Experts in Probate Cases and Challenges
Let’s say that you have a challenged, contested probate case. Like any lawsuit, winning the case involves the hiring, use and testimony of expert witnesses. But you may be surprised to learn that some of those expert witnesses you need to win your pronate case may be expert medical witnesses. Why Doctors are Used… Read More »
Disinheriting Family: Can It Be Done?
If you are married, and you are creating an estate plan, you may want to disinherit your spouse. Before you say this sounds cruel or morally wrong, there are a lot of very valid reasons when people may want to disinherit spouses. In some cases, spouses are still legally married, but have not actually… Read More »
What Happens When Domestic Agreements And Estate Documents Conflict?
Imagine this, quite common scenario: You plan ahead, visit your estate attorney, and put together a complete estate plan, designed to avoid probate and ensure that the things you own, pass easily and quickly, with as little court intervention by the probate court as possible. Years go by, and you end up getting divorced…. Read More »
What Does A Probate Court Actually Do?
We have often written about probate court, why some people may want to avoid it, and about getting an attorney to help you in probate court. But what is probate court, what does it do, and is it even necessary? Changing of Ownership of Assets In simplest terms, the probate court oversees the transition… Read More »
Is Your Homestead Still Protected In Probate Court?
Whether you are rich or middle class or below middle class, it is very possible that you have homestead property. That means that when you create an estate plan, you should start to think about what will happen to the property, who will inherit it, and how. Of course the best option is to… Read More »
