There are a variety of ways to find oneself involved in the probate court. Perhaps a loved one who has recently passed on has appointed you to handle their affairs. You could be challenging the way in which your relative’s assets are being dealt with. Or you might be one of the millions of Americans every year whose parent or grandparent has unexpectedly died and left behind no Will or other appropriate estate plan. If you are in this situation, call us to put together a plan.

Call us to develop a plan of attack. That may seem like a strange word for post-funeral activities. However, anytime the government is trying to take money, we step in to attack and set things in order.

Probate (from the Latin “to prove”) is a term that refers to the process of settling a deceased person’s estate. This might include such things as transferring ownership of a home, appointing someone to take care of children or their finances, or validating a Will and carrying out its terms. When a person dies intestate (without leaving a Will), there can be just as much or more work to do before the estate is closed.

An important concept throughout the probate process is the role of fiduciaries. A fiduciary is someone who is entrusted with a duty and given the authority to carry it out. Whether the deceased has designated his or her own fiduciaries in a valid Will, or the court appoints them for an intestate case, their function is the same – to fulfill the duty assigned to them. There are several types of fiduciaries. A Personal Representative or Administrator oversees the settling of an estate, while a Guardian steps into the role of parent to minor children. Conservators look after the finances or inherited assets of someone who is unable to do so for themselves. In discharging these and other responsibilities, fiduciaries must ultimately answer to the probate court.

Probate proceedings and documents are open to the public, and can increase costs and delays in getting an estate settled. Where possible, good estate planning can minimize or avoid these inconveniences. However, probate is sometimes necessary due to circumstances beyond one’s control.

Let us guide you through the process. There is no charge to speak with a friendly and compassionate lawyer about your situation. Having a professional represent you in the probate court removes a heavy burden, allowing you to focus on your family’s needs during a stressful time.