Wednesday, July 9, 2014

Probate - What you want to avoid

Lynn A. Dean,
Estate Planning Attorney
Probate is the legal process that distributes personal assets after someone dies. If there is a Will that describes specific assets, intended beneficiaries, and an executor who will make decisions on behalf of the deceased person, the job of the executor is to carry out the instructions contained in the Will. The executor is responsible for paying debts and distributing assets according to instructions detailed in the Will.

When there are no documents, such as a revocable trust, the estate cannot be managed either during life or at death without the assistance of the court system. The court process is time consuming and expensive.  Even when a couple is married, the spouse cannot act on behalf of the other spouse if there are no documents, unless the spouse’s name is on the asset. The estate will pass to the surviving children, but only through the probate process, which will take a minimum of 6 months.

At the Law Office of Lynn A. Dean, we can establish your estate plan so you can have peace of mind that your loved ones will not be spending time and money on Probate costs.  Probate fees are set by law and can include fees for: Executor, Attorney, Probate Referee, Court filing, fees, and certified documents.  Download our Probate fee sample by clicking here.

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