How Does Probate Apply to Me?

Protecting your family and your property are our primary concerns at Dewitt Law Firm. We will guide you through the probate process with personal care and attention to your quality of life, and will answer your questions about:

  • Who gets the home? – Adult children, a charity or extended family?
  • Beneficiaries and Trustees – Who decides how your estate is distributed and who benefits from it?
  • Revocable and Irrevocable Trusts – Keeping assets under your control or locking them away for the family.
  • Vehicle titles – Assign who will receive them now.
  • Survivor responsibilities – Who do you want taking care of the home, property?
  • Children under 18 and Guardianships – Who cares for your children and who makes parenting decisions?
  • State entitlements – The state can make claims against your property unless planning happens now.
  • Court Costs – Legal and court fees can be staggering and can exhaust the assets quickly.
  • Insurance payments – Life insurance payments and how they are used to settle final debts and disbursements.
  • Estate taxes – Final and unexpected taxes can be levied against property and assets.

by DeWitt Law Firm, PLLC

Estate Planning Tips

Estate taxes can quickly eat away a large chunk of your assets but with a solid estate plan in place, you protect those assets for yourself and your loved ones. In addition to asset protection, an estate plan can be very helpful in the event that you become incapacitated, you pass away while your children are still young, and much more.

These tips can help ensure that your estate plan is adequate enough to provide your family the protection they need.

Update Your Will Regularly If your Will was written prior to a major life event, such as a marriage, a divorce or the birth of a child, there is a chance that it will be considered invalid because it no longer address all your assets and/or heirs. Whenever you experience a major, life-changing event, you will want to update your will to reflect your changing circumstances.

Review Your Beneficiaries Keep some type of record of who the beneficiaries are for your retirement accounts and life insurance policies. When an insurance policy is purchased, a beneficiary is named and the same is true of retirement accounts. If you have more than one, and they were opened some time ago, you might have changed your mind about who the beneficiary is or the beneficiary you named has since passed away. Keep these documents up to date so that the right person is benefiting from them.

Name an Executor and Trustee You will want someone that you can trust to be the executor of your Will and, if you have a trust, to act as trustee. The executor of your Will is responsible for paying any debts and distributing assets and property to your beneficiaries. The trustee is responsible for enforcing the terms of your trust. You can choose one person to do both, or you may choose separate people for these responsibilities.

Minor Children If you have children that are minors, you will need to name someone to act as guardian for your children, as well as a property guardian known as a conservator – to handle the inheritance you leave your kids. In general, it is a good idea to choose two separate people for these jobs, but your estate planning attorney can help you make the best decision for you.

Plan for Everything You will want to liquidate some of your assets so that there is enough cash in your estate to pay some immediate expenses, such as taxes and funeral expenses. If there are assets but not money, the executor of your Will (or your trustee as the case may be) may be put into a position to where they must sell assets quickly. If this happens, it is possible that the assets will sell for less than they are worth, which will devalue the estate.

To learn more about estate planning and protect you from the cost of long term care, please visit the website of the experienced estate planning attorneys San Diego CA of the Legacy, APC today.

Choosing between small lawyer firms

There are many reasons we find ourselves needing law firms. It might be that we are fighting a custody battle for our children, it might mean that we are in trouble over immigration, or we might be looking to launch a new business in a way that is completely legitimate. In any case there are many law firms around to choose from, and by opting for a smaller one it’s possible to save money and to get a more intimate one to one experience.

 The problem is that there are so many lawyer firms to choose from that it can be hard selecting the right one for your particular task. How do you make sure that you get the right lawyer firms and that you maximize your chances of success in court while not spending the Earth on legal fees? Here we will look at some suggestions to help you choose.

Look Online: First of all – head online. This is where many of the smaller lawyer firms will make themselves known and it allows them to compete on an even pegging with the larger ones. This way you can browse lots of sites more quickly and quickly and easily compare them.

Examine the Sites: When you look at the websites of your lawyer firms you will be able to learn a lot from them. Of course you should look for their own pros and compare them in terms of the service they promise to offer. But at the same time you should look at which lawyer firms look the most professional and trustworthy. Is this a well designed and professional looking site? Because it bodes badly if not.

Check Their Specialties: Lawyers specialize in particular areas of the law and this might mean custody battles, immigration, criminal court cases etc etc. They will have a far more in-depth knowledge of that aspect of the law, and they will have a lot of experience in the particular area that you require and this means they are very useful to you. So look at the lawyers that the firm has on their roster and ensure that they have someone who specializes in the area you need.

Look at Testimonials and Case Histories: Testimonials give you a good idea as to whether or not the company is trustworthy or not but also whether or not they have had a good case history. You can look into this further if you want to verify claims. Meanwhile if friends have used the firms then this is even more of a worthwhile testimonial and you can get more in-depth information as well.

Call Up: Don’t just browse the website – actually call the numbers and discuss your situation. This way you can get a rough quote and you can ask what they think your chances are of success and whether you have a case. Most important of all though you can see if this is someone you like working with and you trust and that’s very important for finding a good lawyer.

I think that itl is important to know what to look for when you are choosing a lawyer. Different problems require different help. For instance, with simple legal matters I use these lawyers in Ivanhoe. However for bigger matters, I go to this lawyers frankston practice for help.

Probate Lawyers Play Key Role

It is not hard to understand why the layman might feel that leaving their assets to their heirs is a simple and straightforward matter that anyone can undertake on their own. You state your wishes on paper, appoint someone to carry them out, and that’s all there is to it. However, the reality is that the situation is not that simple. If you were to do the above on your own, the executor that you selected would have to address the issue of probate, as the estate would have to go through probate or surrogate court proceedings. It is highly unlikely that your executor would know what this entails. For this reason, unless your executor happens to be an attorney, a probate lawyer is retained to represent the estate as it passes though probate.

During probate your creditors must be notified of your passing. Outstanding debts must be settled. Taxes must be paid. Property may need to be appraised and potentially liquidated. Dealing with fiduciaries may also be a part of the process your family experiences depending on the details of the estate.

Part of the probate process involves validating the authenticity of the will. If any interested party was to question the contents of the will, they would have to make those arguments in court, before the probate judge. Contested wills can also prolong the process of probate, which is already long enough for most people. The typical probate process takes between three and twelve months in most jurisdictions, but it can drag on for years in some extreme contested cases.

So if you were to create a will on your own without any knowledge of intricacies or probate court the probate lawyer who winds up handling your estate is going to have to deal with the will as it is. On the other hand, if you consult with a probate attorney to help you plan your estate in the first place, it will be constructed with the probate in mind by someone with intimate knowledge of the probate process. There will be no questions about the legitimacy of the will. Your estate may well pass through probate quickly and efficiently. In a very real sense, when you are planning your estate you are in fact planning it for probate. Who could be better qualified to guide your family through the process than an experienced probate lawyer?

To learn more about probate lawyers and protect you from the cost of long term care, please visit the website of the experienced estate planning attorneys Oklahoma City OK of the Parman and Easterday today.

Choosing the Right Lawyer Commercial

If you are in the process of or thinking of buying a commercial property, it is important to choose a good team of commercial notaries. The experience of a good lawyer transfer is unsurpassed, and you’ll be glad you took the time to hire their services. Transfer commercial lawyers have many years of experience and knowledge to guide you through the buying process and ensure that everything works out best.

If you are an individual buying a commercial property or a PLC, a good team of commercial notaries will help you cut through all the bureaucracy that exists, and make sure you have ownership of your new property in the shortest possible time. It will also be able to give you a good quote on the price and make sure you know exactly what you are paying and why. There are many fees involved in the transfer process and a good company will ensure that they get good value for money.

A company that operates with commercial transfer attorneys offer help with a wide range of different transactions, including:

* Business Sales and purchases
* The sale of licensed premises
* Secured Loan
* Commercial leases and sales between the owner and tenant.

No matter what you need to be able to help and give you all the professional guidance you need.

If you are looking for a new commercial property or has already begun the process of buying or selling, please contact a team of commercial notaries to know what to do next. The attempt to buy a commercial property, without the help of a professional is very risky because many problems can occur along the way. These problems could cost more money or could make you lose your property altogether.

Without the help of a specialized is very dicey because many problems can occur along the way. These problems could cost more money or can make you lose your property in total.

Finding a good trade company solicitors is very easy and when you find a good team will have to stay with them. A quick search online at the same time, a good list of counsel and might also want to call around some companies to get some quotes and rates can vary widely. Buying a commercial property need not be a chore and when you have a good team of commercial notaries can be assured that you will be the solution in their new shop in no time.

Author is an associate editor for new projects in gurgaon.Get all possible information about puri constructions gurgaon. we also provide information on buy, sell, rent residential apartment, plot, house, commercial properties in delhi/NCR.

Low Cost Fixed Fee Probate

How to Obtain a Grant of Probate?

What is Probate and what is a Grant of Probate?

Just before you could start to understand probate and probate forms you firstly should make sure you understand what probate is and what a grant of probate is and also how to obtain a grant of probate?

When anyone passes away someone has take care of working out the dead persons affairs, and this person also must think about if a grant of probate will be essential.

Probate means coping with the dead persons affairs also, the legal documentation to prove the last will is genuine and true. The right to complete probate is conferred via a document referred to as a grant of representation.

There are 3 types of grants of representation, included in this are probate, that is issued to folks or individual appointed as executors by the dead perso’sn Last Will And Testament.

Letters of Administration where there is a will but no executors are already designated or executors are loath or not able to do the duties of an executor.

Letters of Administration where no will exists and the person has died intestate, (without leaving a valid will).
The principal goal of just about any of the above mentioned types of grant of probate, which from here forward we’re going to just discuss as the grant is to provide the named person or organisation the rights and proof necessary to acquire and disperse monies and pay outstanding liabilities from the deceased estate

Easy methods to make application for a Grant of Probate

It usually is better for you to use a probate consultant when undertaking sort out affairs of a deceased person as the tax legislation is often frustrating.

Dealing with a deceased estate often includes dealing with the Probate Registry, Land Registry and Inland Revenue with set rules and procedures that must definitely be put into practice, whether a corrent last will and test5ament was left or not. 2.Select the probate office you hope to be interviewed at.
3.Competely fill out the probate forms.
4.Submitt the probate forms considering the original will and death certificate to the probate office you selected earlier.
5.Attend the probate interview

Just what exactly Probate Forms are expected?
1.Probate application form
2.Probate accounts
a.The probate accounts ask for the full valuation of all items in the deceased estate. What About Inheritance Tax?
Following your probate interview, held within the probate office, if your estate is greater than or is not far from the dead persons personal inheritance tax threshold the estate accounts will be mailed to the Capital Taxes Offices.

The Capital Taxes Office should notify you of the level of tax due along with the technique with regard to paying said volume of tax.

The duty becomes due six months time following your deceased persons date of death.

Following this date interest will be charged on the outstanding amount irrespective of the cause for late payment.

How to Obtain a Grant of Probate Summary
This document has described, what is probate, how to obtain a grant of probate, what a grant of probate is, what probate forms you will need and how to contact your local probate office.

We can’t help but recommend you consult a probate specialist for the reason that probate process is often prolonged and complicated.

Rufus is a legal consultant with GB-Legal Providers, he has over 25 years of practical experience in estate preparing and will producing, like probate and disputed estates and legacies.

Low Cost Probate

Choosing a Austin Divorce Lawyer

Are you presently going through a break up (Divorce)? Anybody live in the larger Austin area that is going throughout a divorce should think hiring a Law Firm like Your Austin Divorce Attorneys to help them with the divorce. There is a lot of Austin divorce lawyers that promote their services on the Internet. One of these Austin divorce lawyers is Hector Sot mayor of Austin Divorce, helping surrounding counties. This particular Austin Divorce Lawyer can assist with a number of dissimilar divorce harms such as child custody and child hold up. Divorce lawyer can also assist you and your spouse with further problems such as prenuptial agreement and cohabitation issue.

If you require a divorce lawyer who can assist you with a figure of divorce-linked harms like equitable distribution, spousal support and alimony, consider Austin divorce. When browsing from end to end the available Divorce Lawyers there is a figure of things that you should take into thought. Your gut feeling is very imperative. Do you sense that your current divorce lawyer is able of working on your case? Does the legal representative pay attention to what you have to say and realize what you think is essential when it comes to the divorce? If you do not feel at ease functioning with your lawyer consider examination out one of the other Divorce Lawyers. There are a lot of things that be supposed to factor into determining which lawyer is correct for your particular circumstances. It is imperative to know whether or not your lawyer keep up with the steady changes in the divorce laws. You should take note to what your lawyer says about working divorce law. If your lawyer complains about it then you should think looking for a different lawyer.

For starter, it is really important for divorce lawyers to be capable in the art and science of negotiation. This is correct because a major fraction of divorce cases are matured through the use of negotiation strategy. It is an excellent idea to discover out whether or not your divorce lawyer is skilled in Collaborative Law. Yet if you do not decide to use the Collaborative Process, such instruction can aid in the resolution of multifaceted issues. You be supposed to find a lawyer that is quick to respond to his or her clients. The lawyer should rapidly return your telephone calls. You should be acquainted with how often your lawyer communicates with their customers. It is significant that your lawyer take the time to distribute your overall sketch that he or she plans on using to bring your case to an end.

John Brite
Get free help from the Best Austin Divorce Lawyer visit their website

Probate Claim Guidelines

Probate is the legal wealth distribution of a deceased person. It is often a time-consuming process as well as a confusing one. Not many people have the knowledge of how to go about probate claim procedure. So here are a few guidelines. These will help you get an overall understand of probate claims as well as educate you on the reasons and occasions as to when you need to go to the probate court.

1.  In the cases where the will of the deceased is in existence and available, the individual who is the executor will be responsible to execute the will as specified by the deceased.

2.  Probate courts are known as the home of the probate claim processes. Different laws and procedures followed by different states in the US.

3.  In an event when a valid will fails to exist, the probate court will appoint a person as an administrator who will be liable to perform the duties of an executor.

4.  The creditors will be given an opportunity to claim any unsettled debts if their claims are ruled as valid by the court. These claims will be settled out of the property of the deceased.

5.  The duration of the probate claim settlement is usually around 6 months to a year. Greater the complexity of the estates more will be the time consumed.

6.  Assets such as life insurance policies, retirement accounts usually have names of persons stated clearly in them.  As such, they will not be subject probate claims.

7.  Real estate linked to the probate can be sold without waiting for the completion of the probate process.

When is Probate Court Required?

Primarily, there are five main reasons to why you will need to go to a probate court to prove your claim on the deceased assets as a legal beneficiary of the same. The following are the reasons why you should be approaching a probate attorney;

1. Any of the following three reasons make probate courts a necessity,

•  Improper Execution – the will was either not clear or did not have any legal binding.

•  Mental Incompetence – the decisions of the deceased as stated in the will are subject to questions should he be in a state of mental incompetence t the time when they were taken.

•  Undue Influence – if the deceased was under undue stress of any kind, mental or physical then too the probate claim will be required.

2. If the deceased did not have a last will or testament; probate claims are required.

3. A probate claim is required in cases where the deceased was the sole owner of the assets.

4. If the assets were owned by the deceased as a tenant in a Common or Joint Tenancy.

5.  If all the beneficiaries have predeceased the decedent or if there are no designated beneficiaries then too a probate claim is required.

Willclaim Solicitors are the experts you should approach in will claims and probate claims. Their comprehensive ‘NO WIN NO FEE’ policy is truly a boon in cases of probate cases.

When Choosing a Wrong Lawyer

There would be a huge amount of consequences if you choose a wrong lawyer. From an innocent defender, you were judged to be guilty. The person you blame on is the lawyer that you hired. This kind of staff happens not uncommon as might be thought. Just by telling all the details to a lawyer of low skill and competetence, the lawyer could even betray you! If you’re smart about whom you choose, however, you can avoid these pitfalls. There are 5 warning signs to be aware of to avoid the same situation should you need to go to court to prove your innocence.


Let’s begin by looking at the first red flag when selecting a lawyer to represent you: they don’t seem to listen or write much down. If you’re smart, you’ve already compiled the details of your case on paper or through a recording of some kind. Your lawyer should be an excellent communicator which means that they not only ask the right questions, they listen. As the old adage goes, “listen first, and then speak”. Your attorney should be not only telling you what you can expect as the phases in the trial progress, they should be collecting your notes, listening thoroughly to your details, and asking questions that prove they have been listening.


Next, look out for attorneys who can never meet with you to work on your case. Sure, lawyers have court dates almost daily, but will your lawyer make time for you in, say, the next week to discuss their strategy with you and keep you informed? Too many victims of poor legal representation go for weeks or months without hearing from their lawyers and they simply assume they are busy and are “working on it”. Not true! Don’t settle for anything less than face-to-face meetings in a timely manner. After all, you’re paying THEM!


The third sign of caution is a lawyer who forgets to file paperwork on time or doesn’t file it at all. I had a lawyer once who forgot to file some kind of special appeal for me and as a result, we missed the deadline, lost the case, and were denied further appeals. There is nothing more infuriating than dealing with someone who is incompetent. If you see even one court-required document get tossed by the wayside, run for your life and get someone capable who can better represent you.


The last 2 things to look out for are dishonesty and a bad reputation. Ok, let’s start with the dishonesty. This stomach-turning flaw can manifest itself anywhere from billing you incorrectly for time they worked on your court documents to joking about lying or cheating to “break the ice” with you or others. This is not a good way to start a professional relationship where so much is riding on this person’s success with your case. The final red flag is a bad reputation. You can easily find this information online by going to Google. Since I live in the San Diego area, I would search like this: “criminal defense San Diego” or “criminal law attorney San Diego” and then add the word “reputation”, “referral”, or “excellent” to the phrase. This will narrow the search results to actual attorneys in your area who you can read about and who come highly recommended by others.


Remember to choose your attorney wisely and you’ll reap the results of a smooth process along the way, a defense that properly reflects your innocence, and the outcome you deserve!


For more tips and information about criminal defense San Diego, please check out:

Related Choosing A Lawyer Articles

Probate Administration

Probate is the legitimate procedure of managing the estate of a dead person by determining all claims and allocating the dead person’s property under a lawful will. A surrogate court resolves the legitimacy of a testator’s will. A probate reads between the lines the guidelines of the dead, chooses the initiator as the personal representative of the estate, enforces the provisions, prevents malfeasance by executors and judges, the interests of successors and other parties, who may have claims against the estate. Similarly, probate courts provide impartial propagation of the assets of people, who die intestate (without a valid will), such as by granting a grant of administration giving official approval to the personal representative to manage problems of the estate. They also deal with matters, which may comprise conservatorships, guardianships, name changes, marriages, and adoptions, though these issues are allocated by family courts.

In challenging matters, a probate court scrutinizes the authenticity of a will, and thus, decides who is to receive the dead person’s property. In a case of intestacy, the court determines who is to receive the deceased’s property under the law of its authority. The probate court will, then, administer the process of distributing the deceased’s assets to the proper beneficiaries. In some jurisdictions, such courts are also referred to as orphans courts, or courts of ordinary. Not all jurisdictions have probate courts. Thus, they are handled by chancery court or another court of equity. The court has the authority to compel the executor to give an account of his actions.

Since probate administration is a procedure by which a will of a deceased person is proved to be lawful, such that their assets can, be transferred or reassigned, in due course to recipients of the will. As with any legal ensuing, there are procedural aspects to probate administration, wherein the creditors need to be informed, and at the same time, legal notices need to be sent to them. Distribution of assets, in the right mannerism, takes the creditor’s rights into account. Thus, the facilitators of the will need to be channeled. A requisition to appoint a personal representative may need to be filed and Letters of Administration should be obtained. Small holding property must be dealt with discretely from the other assets. There are time dynamics involved in filing and objecting to claims, which go against the estate. There may or may not be a grievance pending over the decedent’s death or the other possibility could be pending suits that are now continuing.

There may be separate procedures required in intense probate cases. Properties or real estate may need to be traded to effect the precise distribution of possessions that are pursuant to the will or merely to pay off debts. Estate taxes, gift taxes or even legacy taxes must be considered, if the estate surpasses certain thresholds. Ordinary taxation, such as income tax on interest and property taxation, will be withheld from possessions in the estate, before there is any distribution by the executors of the will, which are the costs to the management, whereas the other assets may merely need to be transferred from the deceased to his or her beneficiaries as per the will. To arrange certain possessions in the estate, it is vital to sell the illiquid assets as well as real estate. Some of the decedent’s property may never enter probate, because it passes to another person on a contract, such as the death continues of an insurance policy insuring the decedent or bank or retirement account that names a recipient or is owned as payable on death, and property legally held as jointly owned with right of survivorship. Property, which is held in a revocable or irrevocable faith created during the grantor’s tenure, avoids probate. New York’s court can take no action, thus, the property is distributed privately, subject to estate taxes.

For instance, if the decedent died without a will, the estate will be distributed according to the laws of the state from where the decedent lived or was held by the court. If the decedent died with a will, the will usually names an executor, who organizes the decedent’s assets. The probate and administration law court can appoint one for probate administration, if there is no will or no name that has been given. Sometimes, the executor cannot administer the probate, or may wish to have someone else do the same. That’s when another person is named as an administrator. Thus, the respective person may receive compensation for his service.

Paul is a admitted to practice both in New York and Florida, and has many clients with residences in both states. He is also admitted to practice in the United States Tax Court as well as the Southern and Eastern Districts of New York. He is a member of the New York State Bar Association, Westchester County Bar Association and Florida Bar Association. He is an active member of the Estate Planning Counsel and has also served on the Executive Board for the Tax Committee and the Trusts and Estates Committee.

Find More Probate Articles

Choosing A Work Injury Lawyer

Have you been involved in a work accident and are now considering making a claim.  You already know that the best way to go about making a claim is with the help of a lawyer.  But is it easy to find a work injury lawyer who can help you recover the rightful compensation? Your choice of a work injury lawyer is paramount and a bad choice would mean getting very little compensation or no compensation at all.  You may even end up losing a lot of money if you do not make the right choice.  So how can you choose a lawyer who is right for you?

Here are some tips for choosing the right work injury lawyer.

First of all, you must make sure that the lawyer you choose works on a contingency fee basis.  These days, you will find many offering this service, but you must also ensure that there won’t be any hidden surprises for you once your claim is in process.  For example, once your lawyer decides to handle your work accident claim using the risk free no win no fee service, he should be responsible to bear the costs of the legal proceedings.  Basically, you should in no way be required to fund your claim.  A good work injury lawyer will never ask you to pay court filing fees or bear the expenses for independent medical reports.  A genuine no win no fee means no money paid to the lawyer until you win compensation. 

When you visit your lawyer for the initial consultation, he should be keen to listen to the circumstances and facts surrounding your accident.  If he doesn’t show much interest, it means you need to look for someone else.  A good work injury lawyer will work with you closely and try to understand your case as much as possible during the initial consultation.  If he doesn’t take the time to understand your case, he wouldn’t take the time to fight for your rights and help you secure substantial compensation. 

In addition, a good lawyer will listen and then explain everything that you need to know.  He will provide an approximate timeline, an approximate value of your claim and what the claims process will involve.  A good lawyer will not confuse you with legal jargons, but use simple English to help you understand things better.

Lastly, your work injury lawyer must return phone calls and be available to assist you when the need arises.  Someone who doesn’t return your calls or doesn’t have the time to provide assistance when it is needed is definitely not the right choice for you.

Start a work accident claim today. Visit our website and get in touch with a highly experienced work injury lawyer in the UK.