If.here.s no will, the laws of the state where the dead person lived control how the property is distributed. For example, if you’re handling an estate that includes a house worth $300,000, with $175,000 left on the mortgage, the lawyer’s fee would be based on $300,000—not the $125,000 of equity the estate actually owns. Transactional probate attorneys handle the administrative side of probates, and probate litigators represent clients in probate lawsuits. Suppose there is a disagreement regarding the probate, our firm can help you resolve the probate dispute . It also puts creditors on notice to file claims for payment. Click for more information on the affidavit and for help to prepare your own form . For example, a couple that was married for decades may only own “community property,” which belongs to the surviving spouse/partner and is confirmed by the court in the espousal property petition case. On the other hand, if you want to challenge the will or are unhappy with way the executor or the current attorney is handling probate—or if you anticipate any other legal battle over the estate–look for a litigator. Click to learn about Probate Law on LawInfo.
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Read more You’ve come to the right place. Other assets may have pay on death or transfer on death designations, which avoids probate. When a person dies, two important matters are payment of the decadent’s outstanding debts and transfer of his property to those entitled to it. Your probate attorney can explain the procedures and laws involved and protect your interest, the wishes of the deceased, and prepare ann arbor real estate lawyer for formal probate court proceedings. The most common cover the two most common situations—either the deceased died leaving a valid will or they did not. If you don’t know the answers, ask a lawyer—before you agree to hire the lawyer to handle things for you. Common reasons for invalidity include forgery or the testator wasn’t of sound mind when he made the will. This often happens when parents or grandparents are first in line to become the Administrator but renounce their rights as they are old, don’t have knowledge of estate law and feel that someone else is better suited to the task. There’s a greater chance though still a small one that the estate will owe a separate state estate tax to the state where the deceased person lived or owned real estate.