Estate & Family:
Probate
Estate & Family:
Probate
As the old saying goes, you can't take it with you when you die. That means someone is going to have to deal with it. Usually, that's a family member or a friend and often they have help from a probate lawyer.
Probate is the court process through which assets of a deceased person are administered and distributed. Probate also deals with any debts of the decedent (the deceased person).
The range of tasks as your probate attorney is long. When The Bales Law Firm is representing you in probate the task will depend on what the executor or administrator needs, whether the decedent had a will, how complicated the estate is, whether there are legal challenges from beneficiaries or debtors, and other difficulties with the estate property.
First question we ask is did the deceased have a will and then, is it valid?
When There Is a Will
If the deceased person had a valid, signed last will and testament completed before they died, The Bales Law Firm guides the administrator through the steps of the probate process according to the terms of the will.
If there is a challenge to the will — if a beneficiary believes the will is invalid, was signed under duress, or under the undue influence of another — then The Bales Law Firm represents our client in probate litigation. Maybe someone wants to contest the validity of the will, being written out of a will, , or whether the decedent had the capacity to dictate a will at the moment of will creation. There are numerous reasons why a will might be challenged (although most wills go through probate without a problem).
When There Is No Will
If the decedent left no valid, written will, they are said to have died “intestate." When that happens, state inheritance laws determine who inherits. For instance, a surviving spouse may receive all or half of their deceased spouse's property, depending on their state's intestate laws.
Regardless of what the deceased person said while they were alive, or how much some family members need money, state law determines the distribution of estate assets. The Bales Law Firm guides our clients through this process to insure assets are distributed properly.
How Can The Bales Law Firm assist you with your Probate issues?
The Bales Law Firm may be hired strictly to provide legal advice or when the executor or administrator lives out of state, they can depend on The Bales Law Firm to navigate the probate process on their behalf.
The Bales Law Firm may be hired to perform any of the following tasks:
Find, inventory, and secure the decedent's estate, including the decedent's savings account and checking account, their personal possessions (called real property), vehicles, real estate, and more
Identify and collect on life insurance policies
Secure appraisals for the decedent's assets
Manage the estate's checkbook
Secure a tax account or work with an in-house account to prepare the deceased person's final income tax filing, and estate tax returns.
Determine the validity of certain debts and advise on the payment of debts
Prepare and file documents required by a probate court