Blog

Probate or administration is the legal procedure for settling and transferring a persons estate, including assets and debts. If a person owns property in a different state from that in which he or she lied at death, an ancillary probate or administration in the other state might be necessary. If there was a will, generally, a probate will be proper, and if there was no will, an administration, which is more costly and involved, may be necessary. For ease of reference, I will use the term probate to cover either procedure.

If you are in the market to purchase a home, you probably already know you should start shopping for a real estate agent and mortgage lender. But, do you also need a lawyer?

When a loved one dies without a Will, you have two options: determination of heirship or Affidavit of Heirship. These are the steps involved in both proceedings, as well as best practices to follow.

The thought of having to do a probate for a deceased loved one is often scary. Although the legal process can appear complicated to a layman, an experienced probate attorney can comfortably guide you through the process.

If your loved one died without a Will, transferring his or her assets to beneficiaries can be quite difficult. If no action is taken, assets will not be properly transferred and the beneficiaries will have to take some legal action down the road to straighten out the situation. In some cases, a costly determination of heirship proceeding and dependent administration of the estate may be required.

One of my biggest pet peeves over the years has been the over-selling of living trust packages to folks doing their estate planning. There are definitely times when a living trust is a good estate planning tool. However, for many individuals a living trust is an unnecessary expense.

If you've listened to the news over the last two months, you've learned that the COVID-19 virus can strike just about anyone just about any time, regardless of how careful you are or how healthy you are. The initial presumption that COVID-19 was only a serious concern for elderly, otherwise health-compromised people has proven untrue. Because of that, I have received lots of calls from clients of all ages who suddenly realized it might be time for them to look at doing their estate planning.

You are carrying the note on the sale of a property, and the borrower has missed several payments, has failed to provide proof of insurance, or has not paid the property taxes. If your efforts to get them to comply have been unsuccessful, it may be time to foreclose on the property.

If you are considering starting a small business, you're most likely trying to sort out the different types of businesses and trying to decide which type is best for you.

Tragedies like the death of Kobe Bryant, his 13-year-old daughter, the other young parents, and some of their children bring home the tragedy of thinking you are too young to do estate planning. Hopefully, these parents had done estate planning to protect the settlement of their estates for the loved ones left behind. So many times, however, that has not happened because the parents didn't believe they were old enough to think about this. Or, commonly, younger people believe estate planning is too expensive for them to take on at this stage in their lives. Neither of these things are true!