With someone dies, their estate will usually have to go through a process called probate. This process is intended to make sure that your final debts are paid (if possible) and make sure that your remaining assets are properly distributed. Probate can take several...
Probate
How to communicate with an estate’s heirs
After a testator's death, your role as their executor will begin -- and one of your primary jobs is making sure that the probate process is properly opened and completed. While going through the probate procedures, you will often find it necessary to communicate with...
Creditors’ claims are often a part of probate
The probate process settles the decedent's affairs. For families and beneficiaries, this means dividing up assets like money, belongings, investments, and other things of value. Some are surprised that it also involves paying off any outstanding bills owed to...
Not happy with how probate was handled?
Executors typically try to honor the wishes of the decedent. The job involves closing the estate and distributing assets to beneficiaries and heirs. Still, someone may dispute or appeal the plan or a judge’s ruling concerning the will and estate plan. Common grounds...
How the probate process works in Kentucky
Kentucky allows the estate to go through probate up to ten years after the decedent dies. As with many complicated legal processes, there will likely be delays and setbacks along the way, so it is best not to wait until the final days to complete it in probate court....
Clear estate planning can avoid sibling rivalries
Everyone grieves in their own way. Rather than seek comfort from siblings, one daughter may withdraw from family interaction, or another may pick fights. Sometimes, sons will have tense relationships even when both parents are alive. Even with positive family...
Tips for avoiding fiduciary duty claims as an executor
Executors perform any number of essential duties in handling an estate. Unfortunately, beneficiaries may disagree with how you do it or even decisions made by the decedent. While you did your utmost to perform all your fiduciary duties during the probate process, they...
How to pick the right executor or executrix
One of the most critical decisions when drafting a will and estate plan is picking the estate administrator, also known as the executor or executrix. This role oversees the probate process and administers the decedent's estate, ensuring their wishes are carried out...
Anne Heche’s son files for control of estate
Actor Anne Heche’s death in a fiery car crash was ruled an accident in August. Now her 20-year-old son Homer Laffoon has filed a petition in the Superior Court of Los Angeles for control of the estate since his mother did not leave a will. That petition lists himself...
What’s needed to contest a will
Even if you think you have a good reason, it is more challenging than many people believe to contest a will. Generally speaking, there are a series of hoops you need to pass through to raise valid concerns that can be heard in a court of law. Legal standing Those who...