Category Archives: Probate
What Happens to a Car or Vehicle in Probate?
Although we all need and use our cars, and although they aren’t cheap items, cars are different from a lot of other assets that go through probate, because cars tend to depreciate. That means that unless a vehicle is a collectible of some sort, spending a lot of time and money fighting over a… Read More »
Thinking of Hiring a Paralegal Service to Help You in Probate? Read This First
Let’s say that you have a probate case, and you know that you can’t handle it yourself. Suddenly you see, or hear about a paralegal who is offering probate services, at what seems to be a very reasonable price. You figure that’s the best of both worlds–you get a legal professional, without the expense… Read More »
Who Owes the Mortgage Debt if the Owner or Borrower Dies?
As a general rule, when someone passes away, the estate will be liable to pay the creditors of the deceased for whatever the deceased owed those creditors. That assumes that the creditors timely and properly file their claims against the estate and it assumes that there aren’t challenges to the creditors’ claims, by the… Read More »
Would You Be Able to Spot Undue Influence or Coercion?
When someone makes a will, there are two basic requirements for the will to be valid: The person must know and appreciate the consequences of his or actions–that is, be mentally competent to make the will or other estate document. And the estate documents must not be the result of duress, pressure, force or… Read More »
What Happens if a Will is Contradictory, Confusing or Ambiguous?
A will is ultimately a document that is written by a human being, and as such, we humans are prone to errors. One of those errors is confusion or ambiguity, when writing documents like contracts or a will. That can leave your beneficiaries confused, the status of your will in doubt, and a leave… Read More »
Who Pays Back the Expenses Related to a Homestead Property in Probate?
In the process of administering an estate in probate court, especially an estate that has real property or a homestead, the way that these expenses are classified affects who pays them. It even affects whether or not those expenses can attach to homestead property as a lien on the property itself. Beneficiaries Inheriting a… Read More »
Grounds to Challenge Creditor Claims Against an Estate in Probate
When someone passes away, their creditors have a right to make claims on the estate, and, depending on their priority, get paid from the proceeds of the estate before any beneficiaries see any of the assets of the estate. But just because a creditor validly and timely makes a claim on the proceeds of… Read More »
Can You Leave Stuff You Don’t Even Own Yet to People in Your Will?
When you write a will, or draft an estate plan, you generally leave everything you have, to whomever you designate as a beneficiary to receive those items. But what about items you don’t have yet, but expect to have later on? Or assets that you may or may not ever come into possession of?… Read More »
Get Ready for Increased Property Taxes if You Inherit Property
For many who own real property like a house, that property is the most valuable asset that the person has to leave to family and beneficiaries. The inheritance of property, such as a home, in probate, can, for some individuals, be a great benefit, if not a windfall. But people who inherit property, often… Read More »
Challenging a Will vs. Challenging a Trust in Probate Court
Although when it comes to estate planning people mostly speak about wills, trusts also are invaluable ways of preserving property and leaving it to loved ones down the road. But just as wills can be challenged in court, so too can trusts. But there are some small differences between challenging wills and challenging trusts…. Read More »
