What happens to the property if I don’t have the will?

Question 27 Q: What happens to the property if I don't have the will? A: Every state has a set of default rules that determine how property will be distributed in the absence of a valid will intestate. If someone dies intestate, the property generally is distributed...

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What are the advantages of avoiding a probate proceeding?

Question 26 What are the advantages of avoiding a probate proceeding? A: The probate process can be slow and can tie up property anywhere from several months to several years. The probate process also adds up with attorney fees, executor fees and court fees are paid...

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Are there ways to avoid the probate process?

Question 25 Are there ways to avoid the probate process? There are several methods to use to avoid the probate process. These methods include creating a joint ownership with right to survival in property such as real estate, automobiles and other titled property;...

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Q: What is a will contest?

Question 23 Q: What is a will contest? A: A will contest is a when a legal action challenges the validity of a will or the terms of the will Will contests typically involve allegations that a will was inadequately executed, invalidated by a later will, or was the...

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Question 22 What is an administrator? An administrator is the person appointed by the probate court to complete the tasks that an executor or fiduciary would take, when there is no will or executor named in the will. I recall a situation with a client becoming the...

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What is a Conservator or a Probate Conservatorship

Question 21 What is a conservator or a probate conservatorship? A probate conservatorship is a court proceeding in which a judge appoints a conservator or a responsible person to care for another adult or child who cannot care for their own finances, known as a...

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What is an administrator?

Question 22 What is an administrator? An administrator is a person appointed by the probate court to complete the tasks that an executor or fiduciary would take when there is no will or executor named in the will I recall a situation with a client becoming the...

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Who Can Be A Fiduciary?

Question 19 Q. Who can be a fiduciary? A. Accountants, attorneys, bankers, business advisers, financial advisers, mortgage brokers, and even real estate agents They are hired to act in your best interests and they must set aside their personal motivations in favor of...

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What is a fiduciary?

Question 18 What is a fiduciary? A. A fiduciary is any person or institution that has the power to act on behalf of another in situations that require the utmost trust, honesty, and loyalty A fiduciary also has a legal obligation to act in a trustworthy and honest...

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What happens if I decide not to hire an attorney?

Question 16 What happens if I decide not to hire an attorney? A. I have met many executors and administrators who believe they can handle the probate process without an attorney An executor who is unrepresented is called a pro per A judge will usually restrict limited...

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