The probate process is generally efficient in smaller estates but can become lengthy and complex in larger ones. States have varying probate codes, and many have informal and formal processes.
Category Archives: Probate
Normally, somebody in the will specifies an administrator (a person who oversees settling of the estate).
Failure to take the time to craft an estate plan could leave the state where you reside at the time of your death in the driver’s seat. Laws in most states set forth how to apportion property.
Many financial institutions allow account holders to sign documents that transfer funds immediately to another person upon the account holder’s death.
Most people prefer to keep this type of information private. So, the best way to ensure discreteness is to keep your estate out of probate.
Your estate attorney can set up joint ownership to create and transfer property. However, this solution comes with its own set of concerns. TOD and POD accounts efficiently and immediately transfer funds to the named recipient after the account owner’s death, outside of probate.
Whether you filed for Chapter 7 or Chapter 13 bankruptcy, assume that you own less money and property than before the bankruptcy. However, during the bankruptcy process, the court reports certain accounts and pieces of property under a federal or state exemption.
Left unaddressed, estate planning myths create serious trouble for loved ones. This often leads to intrafamily conflict, permanently damaged relationships, and lengthy and expensive court battles.
The court assigns assets, such as retirement accounts and insurance proceeds, to a designated beneficiary. So, in this role, they receive different treatment and more protection from creditors.
In most cases, people emphasize the complexities associated with court involvement. Namely, court supervision makes the process of distributing money and property a public proceeding.