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 Probate Basics
Probate refers to proving the existence of a valid will, or if there is no will, determining who will receive the decedent’s property and what taxes might be owed on his or her estate. This section explains the basics of probate and provides information on self probating wills as well as how long the probate process takes, what it costs and where it is typically handled.
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| Probate ProcessThe probate process can be confusing – especially for those who have never gone through it. This section explains the process in detail and provides information on the differences between contested and uncontested wills, whether an executor or executrix is obligated to serve, what types of property are or are not subject to probate and what happens when property is located in more than one state.
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| Avoiding ProbateThere are many techniques available to avoid probate of your estate such as revocable and irrevocable living trusts, wills, family limited partnerships and gifts. This section explains those techniques and also provides information on powers of attorney, charitable remainder trusts and how a probate lawyer can assist in the process.
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| Executor/AdminstratorThe executor or administrator of an estate is responsible for representing the estate in the probate process. This section explains his or her duties, provides information on how long the process generally takes and discusses what to do when others criticize the executor for not closing probate in a reasonable amount of time.
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| Probate, Creditors And TaxesThe probate process not only involves transferring property to beneficiaries, but paying creditors and taxes as well. This section explains how and when outstanding obligations to the deceased may pass onto his or her estate, how creditors make claims on the estate for unpaid bills, what responsibilities beneficiaries, spouses and children may have to the estate as well as the implications of federal and state taxes that arise in the probate process.
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| Probate Legal HelpThe probate process can be complicated – especially when a complicated estate is involved or for those who have never gone through the experience. This section explains some of the common mistakes in the process and provides information about the obstacles involved in doing it yourself and how and when to contact an experienced attorney for help.
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| Probate AttorneysPurpose
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| Related Pages from Other Topics |
| Competency/Will ChallengesThe primary objective of a will is to transfer property and/or money to beneficiaries. It’s not surprising, or uncommon, for family members or friends who expected to receive something, but didn’t, to challenge the will itself or the competency of the will’s creator. This section explains when and how wills can be challenged and provides information on how someone is deemed mentally competent or of ‘sound mind’ and whether spouses and children can be disinherited.
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| Lost Wills/No WillsDetermining if someone had a will, or discovering that a will is lost, can be troublesome issues. This section explains happens in those situations, what laws may apply and how the probate process is triggered.
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