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#ProbateAttorneys
dallasprobatelaw · 2 years
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Will Contest Attorney - Krieg LLC
If you are considering contesting a will, it's important to know that you will need the help of an experienced will contest attorney. A will contest attorney can help you navigate the legal process and ensure that your rights are protected. At Kreig LLC, their team of experienced will contest attorneys can help you make your case and get the results you deserve. They have the knowledge and experience to guide you through the process and help you get the outcome you're looking for. Contact them today to learn more about how they can help you.
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queensprobatelawyer · 5 months
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Queens Probate Attorneys: Your Trusted Partners in Estate Resolution Excellence
Unlock the power of professional probate guidance with Queens Probate Attorneys. Our seasoned legal experts specialize in navigating the intricate landscape of estate resolution. From will validation to asset distribution, our attorneys bring unparalleled expertise to safeguard your family's interests. Simplify the probate process with confidence and precision. Contact Queens Probate Attorneys now for personalized and efficient estate settlement solutions tailored to your unique needs.
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thesiegellawgrouppa · 1 month
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Estate Planning Attorney in Naples Florida
The Siegel Law Group, P.A. 780 5th Ave S Suite 200-A, Naples, FL 34102 239-422-6460 Website
Welcome to The Siegel Law Group, P.A., your trusted partner for Estate Planning Attorney services in Boca Raton, FL. Our team of experienced professionals excels in providing comprehensive legal solutions for asset protection, trusts, wills, probate, estate administration, and inheritance planning. We understand the importance of safeguarding your family's wealth and offer tailored strategies to meet your needs. With our Estate Lawyers, you can secure a prosperous future for your loved ones. Please don't leave your legacy to chance; contact us now to begin your journey towards peace of mind and financial security.
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TODAY APRIL 25TH FREE WILLS, TRUSTS AND ESTATE PLANNING WEBINAR
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Once you have passed, your loved ones are left with all you acquired: your wealth, your estate, your legacy. To ensure that your assets go to your loved ones as you wish, it is vital you have the proper estate plan. This webinar provides general estate-planning information and discusses several options you may wish to include in a new plan or in updates to a current plan, including:
• The advantages and disadvantages of Wills and Living Trusts
• Maintaining your privacy and how you may protect your estate against a living probate
if you become disabled
• Planning before you need Long Term Care
• Why putting property in children’s names may be a mistake
• How you may protect your children’s inheritance from their future ex-spouses, lawsuits, and other claims
• How you may protect your estate for your kids if your surviving spouse gets remarried
• How Probate works and more importantly, how you may avoid Probate altogether!
• Providing for special needs (disabled) children, grandchildren, and your pets
The webinar closes with a detailed overview of our firm’s process and an opportunity to ask any questions you may have. Finally, at the conclusion of the webinar you may arrange for an initial consultation with Ms. Pizzolato to discuss your specific estate planning, if you would like.
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evanjgross · 1 year
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Came here from Columbus, Ohio to sign some closing documents for this property I’m selling in the area #ibuyhouses #webuyhouses #isellhomes #isellhouses #washingtoncountypa #pittsburgh #pittsburghpa #mercercountynj #burlingtoncountynj #webuyhousescash #realestateinvesting #realestateinvestor #michiganrealestate #ohiorealestate #pennsylvaniarealestate #newjerseyrealestate #probate #probateattorney #propertynurse #rn #sellhousefast #sellhomesfast #opportunitycreator #cashoffer #creativefinance #creativefinancing #midwest #eastcoast #realestate #realestatesales (at PV Settlement, LLC) https://www.instagram.com/p/CoD-IykM1l2/?igshid=NGJjMDIxMWI=
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parklin-law · 1 year
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When Can you Receive the Inheritance
How Long After Probate Is Granted Will I Get My Money?
A probate court is a court that deals with settling disputes between people who wish to claim the assets of a deceased person. The process can take months to years, depending on the size and complexity of the estate.
Expediting the process
There are a few things that you can do to expedite the process. First, you should contact all of the financial institutions that hold the assets of the deceased. If you fail to do so, they may refuse to release funds.
Hire an Attorney
Another thing to consider is to hire a good probate attorney. They can help you navigate through the process and ensure that your family's interests are protected.
Will
The best time to start is when you have a will in hand. This is when you can expect to get a letter of administration from the court.
For simple estates, this should be around seven months. However, if your estate is complex or if your loved one is a resident of a remote area, it could take longer.
While you should not expect to receive your inheritance immediately, you should plan for it. You may purchase a new car or house as a result of your inheritance.
Risk of losing inheritance
However, you should wait to make major decisions about your finances until after you have received your inheritance. Otherwise, you can run the risk of losing your inheritance to creditors.
Third-party assistance
The probate court may also appoint a third party to assist with the administration. These people can be your accountant, a public administrator, or a Guardian Ad Litem.
Free consultation from one of the best Law Firms
If you have questions, you can get a free consultation with the Best Probate Lawyers.
Parklin Law - Probate Lawyer
5772 W 8030 S, # N206
West Jordan UT 84081
(801) 618-0699
Disclaimer: This is not legal advice and is simply an answer to a question and that if legal advice is sought to contact a licensed attorney in the appropriate jurisdiction.
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legalassistant · 1 year
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Can an executor sign checks for the deceased?
Can an Executor Sign Checks for the Deceased in Probate?
During the probate process, the executor is responsible for handling the deceased's financial accounts. He or she will have to deposit checks and pay off debts. Depending on the size of the estate, the administrator may have to sell the property or establish trusts.
Estate Account
An estate account is a type of checking account used to handle all of the estate's transactions. It is different from an individual account because it becomes part of the pool of cash that will be used to pay final bills. The funds in the account will eventually be dispersed with the assets of the estate.
Duties of an executor
Writing checks in the deceased's name is not always legal. An executor must first be authorized by the court to do so. He or she will need to provide an authorization letter and other relevant court documents to the bank.
An executor's duties may include paying the deceased's debts and taxes or selling the deceased's assets. In some cases, the executor will be required to hire a stock transfer agent. Depending on the circumstances, a judge may allow the executor to withdraw money from the deceased's personal accounts.
Probate Process
During the probate process, the bank will want to know the amount of the check before it can accept it. The bank will also require a short certificate, which is a document that proves the executor's appointment. The certificate will be valid for about 60 days.
During the probate process, an executor will need to obtain a tax ID number. This can be obtained from the Internal Revenue Service or online. The executor should also keep records of all of the transactions. These records will help him or she prepare the proper tax forms and report requirements.
Free consultation from one of the best Law Firms
If you have questions, you can get a free consultation with the Best Probate Lawyers.
Parklin Law - Probate Lawyer
5772 W 8030 S, # N206
West Jordan UT 84081
(801) 618-0699
https://parkin-law.business.site/ Disclaimer: This is not legal advice and is simply an answer to a question and that if legal advice is sought to contact a licensed attorney in the appropriate jurisdiction.
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lawassist-001 · 1 year
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Inheritance With Intestacy
How Would Inheritance Be Split Between Two Children If There Is No Will?
Generally, when a person dies without a will, the person’s estate is divided among his or her surviving relatives in accordance with state laws. These laws, however, vary by state, so it may be confusing to figure out exactly what is going on in the estate planning world. The estate may include real estate, bank accounts, and other assets such as life insurance, retirement accounts, and IRAs.
The estate of a deceased person is divided into equal shares among surviving children, grandchildren, and siblings. The estate of a deceased person may also include assets such as life insurance, retirement accounts, 401(k)s, and revocable living trusts.
Estate
If a person dies without a will, he or she may leave the estate to his or her spouse, children, or grandchildren. However, if a person is single without children, the estate may be left to his or her parents or to close relatives on both sides of the family. The estate may also include nontaxable assets such as life insurance, retirement accounts, or 401(k)s.
The biggest question most people ask is, “Who is going to inherit the estate?” In the United States, the surviving spouse will receive the bulk of the estate, followed by surviving children, and then grandchildren. In some states, stepchildren may inherit some or all of the property. In New York, the estate may be distributed to the surviving spouse or children of the surviving spouse.
The estate of a deceased person will also include a residuary trust to benefit the deceased’s relatives. This residuary trust will be managed by a trustee until the deceased person’s death, at which time the residuary trust will be distributed to the surviving relatives in accordance with state laws. The residuary trust may include assets such as real estate, bank accounts, and retirement accounts.
Will
The most basic way to figure out who is going to inherit the estate is to look at who is mentioned in the Will. These people are likely to be inherited by the person who left the most valuable item in the Will. In the case of a Will, this is generally a child or grandchild. However, the surviving spouse may also inherit a share of the estate if the person died without children or a spouse. This is called bona vacantia.
Residuary trust
Another important question to answer is, “Who will inherit the magic jar?” The jar is the residuary trust, or the remaining estate after the surviving spouse or children are deceased. This is usually a nontaxable asset. The jar is usually a small container containing a small object. However, if the jar contains a large item, it may be difficult to determine who is inherited. Fortunately, the Treasury Solicitor is the go-to person to help figure this out.
Inheritance
In addition to inheritance laws, each state has an intestate statute. If the person dies without a will, his or her estate will be distributed according to the intestate statute. These laws will vary by state, so it is best to consult a lawyer for guidance.
If you have questions, you can get a free consultation with the Best Probate Lawyers.
Parklin Law – Probate Lawyer 5772 W 8030 S, # N206 West Jordan UT 84081 (801) 618-0699
Disclaimer: This is not legal advice and is simply an answer to a question and that if legal advice is sought to contact a licensed attorney in the appropriate jurisdiction.
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deluxhomehealthcare · 2 years
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You may be eligible for Consumer Directed Services: Participants: ✔️Have active Missouri Medicaid ✔️Be at least 18 years of age ✔️Have a physical disability and/or chronic medical condition such as diabetes that interferes with your ability to care for yourself without assistance ✔️Have the desire and ability to self-direct your own care and select your own attendant ✔️Desire to receive care in your own home To learn more call: 816-298-5655 (Kansas City and surrounding) 314-802-0259 (St. Louis and surrounding) #medicaid #medicare #healthcare #estateplanning #guardianship #elderlaw #attorney #health #lifeinsurance #healthinsurance #financialfreedom #medicalbilling #insurance #probateattorney #trust #financialplanning #personalfinance #money #medical #charitableplanning #plantoday #legalexpert #willplanning #eldercare #ageinplace #homehealthcare #consumerdirectedservices #medicaid #jacksoncounty #missouri https://www.instagram.com/p/Cf9VlAWlkAj/?igshid=NGJjMDIxMWI=
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dallasprobatelaw · 2 years
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Texas Small Estate Affidavit
If you're the executor of a small estate in Texas, you may be wondering if you need to go through the hassle of filing a will. Thankfully, there's an easier option: the Texas small estate affidavit. This document allows you to transfer property worth up to $50,000 without having to go through the probate process. So if you're looking to avoid the hassle of probate,  this is the way to go. Contact the attorneys at Krieg LLC to find out if an affidavit is the right solution for your estate. They can help you navigate the small estate affidavit process quickly and easily. Let us take the burden off your shoulders and help you get through this difficult time.
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queensprobatelawyer · 6 months
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Finding the Best Probate Lawyer in New York: Your Path to Peace of Mind
Dealing with the probate process in New York can be a challenging and emotionally taxing experience. It's a time when you may be dealing with the loss of a loved one while also navigating complex legal procedures. To ensure that the process is as smooth and stress-free as possible, it's essential to have the best probate lawyer in New York by your side. In this article, we'll explore the key factors to consider when searching for the top probate attorney in the Empire State.
The Importance of a Skilled Probate Lawyer Probate is the legal process of validating a will, if one exists, and settling the estate of a deceased person. It involves various tasks, such as asset inventory, debt resolution, will validation, asset distribution, and addressing tax matters. The probate process can be complex and time-consuming, and the guidance of a skilled probate lawyer is invaluable.
What Sets the Best Probate Lawyers Apart? When seeking the best probate lawyer in New York, it's crucial to consider the following factors:
Experience: The best probate lawyers have a wealth of experience in handling probate cases. They are well-versed in the intricacies of New York probate law and have successfully guided numerous clients through the process.
Local Knowledge: A probate lawyer with local knowledge is well-acquainted with the specific probate laws and procedures in New York. This local expertise can streamline the process and provide valuable insights.
Reputation: Research the reputation of potential probate lawyers. Read reviews, ask for recommendations, and check their track record to ensure they have a history of providing excellent service.
Effective Communication: Clear and effective communication is paramount. The best probate lawyers can explain complex legal matters in a way that's easy to understand. They keep their clients informed at every step of the process.
Compassion: Dealing with probate often involves emotional challenges, as it follows the loss of a loved one. The best probate lawyers not only offer legal expertise but also provide emotional support, understanding the sensitive nature of the situation. The Right Probate Lawyer for Your Needs Finding the best probate lawyer in New York is a highly individualized process. It's essential to choose a lawyer whose expertise aligns with your specific needs and the complexity of your case. Consider the following scenarios:
Complex Estates: If the estate is large, contains multiple properties, or has complicated assets, the best probate lawyer for you will have a background in handling complex cases.
Family Conflicts: In cases where family conflicts or disputes may arise over the distribution of assets, a probate lawyer experienced in mediation and conflict resolution is invaluable.
Challenges to the Will: If the validity of the will is questioned, or if creditors make claims against the estate, a probate lawyer with experience in handling legal challenges is essential.
Estate Planning: Even before the probate process begins, it can be beneficial to consult a probate lawyer during estate planning to minimize the complexity of probate later on. The Emotional Support of the Best Probate Lawyers While the primary role of a probate lawyer is to provide legal guidance, the best probate lawyers often go beyond their legal duties. They understand that the probate process can be emotionally challenging, and they provide emotional support during this difficult time. Their compassionate approach can significantly improve your experience and provide the peace of mind you need.
Making the Right Choice In your search for the best probate lawyer in New York, take the following steps to ensure you make the right choice:
Initial Consultations: Schedule initial consultations with potential probate lawyers to discuss your case and assess their qualifications. This is an opportunity to ask questions and get a sense of their expertise and approach.
Client References: Ask for references from past clients. Speaking with those who have worked with the lawyer can provide valuable insights into their services and client satisfaction.
Fee Structure: Discuss fees upfront. Many probate lawyers charge based on a percentage of the estate's value, while others use hourly rates. Ensure you're comfortable with the fee structure.
Legal Plan: Work with your chosen probate lawyer to create a legal plan for the probate process. This plan should outline the steps involved and provide a timeline for completing the process. In Conclusion The probate process in New York can be complex and emotionally challenging, but with the assistance of the best probate lawyer, you can navigate it with confidence. Whether you're an executor or beneficiary, their expertise ensures that your loved one's wishes are honored, and the estate settlement is carried out efficiently.
When searching for the best probate lawyer in New York, remember that you don't have to go through this process alone. A probate lawyer is there to provide the legal knowledge and support you need during this challenging time, making the process as smooth and stress-free as possible. With the right probate lawyer by your side, you can achieve peace of mind and ensure that your loved one's legacy is honored.
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elizajohnson · 2 years
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Will Contest Attorney - Krieg LLC
If you're considering contesting a will, it's important to speak with a wills contest attorney who can help you navigate the legal process. A will contest attorney can help you understand your rights and guide you through the challenges of contesting a will. Krieg LLC is a law firm that has an experienced will contest attorneys. They have a proven track record of success in this area of law, and they are dedicated to providing our clients with the best possible outcome. They understand the importance of having a valid will, and we will work tirelessly to ensure that your rights are protected. Contact them today for a free consultation.
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Five Things to Know Before Including a Limited Liability Company in Your Estate Plan
Five Things to Know Before Including a Limited Liability Company in Your Estate Plan
When it comes to protecting your hard-earned money and property, it is important that you have the right plan, which can include a number of tools for your unique situation. One tool that might benefit you is a limited liability company (LLC) that owns some of your accounts and property.
What is a limited liability company?
An LLC is a business structure that can own many types of accounts and property. The LLC is owned by members who contribute money or property to the LLC. You can have a single-member-owned LLC or a multimember-owned LLC. If there is more than one member, management of the LLC can either be carried out by each member or the members can elect a manager.
What can an LLC own?
When people think of an LLC, they assume that it is a structure to operate a business. However, many types of accounts and property can benefit from being owned by an LLC:
Real estate. An LLC can own property such as a second home, a rental property, or a property that has been in the family for generations.
Investments. In some cases, an LLC can be formed to allow multiple people to pool their money and invest it with a larger volume.
Expensive and risky property. An LLC can own items such as airplanes and boats.
Why should I consider using an LLC in my estate plan?
Asset Protection
Because the LLC is a separate entity, typically the LLC’s creditors can only go after the LLC’s money and property, not the member’s personal accounts or property. Also, if the proper formalities are in place, the member’s personal creditors may not be able to reach the LLC’s accounts and property to satisfy the member’s personal debts. Note: In some states, a single-member LLC does not enjoy the same protection from the member’s personal creditors. The rationale of these laws is that your creditors should be able to seek relief through your LLC interests to satisfy their claims because there are no other members that will be negatively impacted by seizure of money and property owned by the LLC. Florida is one of those states.
Probate Avoidance
Anything that is owned by the LLC, either retitled into the name of the LLC during your lifetime, bought by the LLC, or transferred by operation of law at your death, will not go through the public, costly, and time-consuming probate process. The probate process only transfers accounts and property that you owned at your death. By using an LLC, the LLC—not you—owns the accounts and property. However, if you own a membership interest in your own name, the transfer of the membership interest at your death may need to go through the probate process.
How can an LLC be used in an estate plan?
How It Works
During your lifetime, you create an LLC and then transfer accounts and property to the LLC or name the LLC to be the beneficiary of your accounts and property at your death. Once it has been created, you may also purchase property or create accounts in the name of the LLC. As the creator of the LLC, you will be a member. A member is someone who owns an interest in the LLC, and depending on the number of members and the type of management, may also manage the LLC. If you are married, your spouse may also be a member. You can also add other people as LLC members either when the LLC is created or later. Be aware that there may be gift tax consequences associated with adding members who do not contribute their own money or property to the LLC. The LLC becomes the owner of the accounts and property and it is operated as an entity separate from its individual members. It is this separation that allows an LLC to have some level of asset protection. At your death, the only item that may need to be transferred is your ownership interest in the LLC; the accounts and property owned by the LLC will remain owned by the LLC.
Operating Agreement
Most LLCs have an operating agreement that outlines the rules for managing and transferring a member’s interest in the LLC. If you currently have an LLC but do not have an operating agreement, or have an operating agreement but need to update it, please reach out to us as soon as possible to assist you in getting one in place. Some provisions that should be included in the operating agreement are 
who the members of the LLC are,
the percentage of ownership that each member has,
how conflicts among members are settled,
any restrictions on a member’s ability to transfer their membership interest (including transfers to a trust), and
what happens to each member’s interest if the member dies (in most cases, whatever is stated in the operating agreement controls).
Trust Agreement
As an additional layer of protection, you may choose to transfer your membership interest in an LLC to a revocable living trust. As the creator, trustee, and beneficiary of the trust, you would still be able to participate in the management of the LLC and benefit from the LLC, you would just do so as the trustee of the trust and not as an individual. Because the trust owns the membership interest, transfer of the membership interest will not require probate, because the trust does not die. In fact, the trust can continue to own the membership interest after your death, which you can include in the trust’s instructions, along with a provision allowing a successor trustee to step in for you and handle LLC matters on behalf of the trust’s beneficiaries. Alternatively, you could state in the trust instructions that the membership interest be distributed to a named beneficiary at your death or at a specific time in the future. At that point, the beneficiary would have control of the membership interest.
Best Practices for Using an LLC
To ensure that you can take full advantage of the benefits associated with an LLC, it is critical that you follow all of the rules. An LLC is supposed to be a separate entity and you need to treat it as such. This means that there are some formalities you need to abide by, some of which include filing your annual report with the appropriate state government office and keeping separate records to showcase all transactions and meetings that the LLC is involved with. We have a Business Representation Program something like our Family Care Program to help with that. Additionally, you need to keep your personal money and property separate from the LLC’s money and property. You should not treat the LLC bank account as your own personal wallet.
Effective January 1, 2024, LLCs that meet the definition of a reporting company will need to file a Beneficial Ownership Information Report with the Department of the Treasury’s Financial Crimes Enforcement Network. The report must include the name, birthdate, address, and unique identifying number, issuing jurisdiction, and image of an acceptable identification document for all of the beneficial owners of the LLC. A beneficial owner is an individual who owns or controls 25 percent or more of the ownership interest of the company or who exercises “substantial control” over the company. For reporting companies created after January 1, 2024, company applicants must provide their name, birthdate, address, and the unique identifying number, issuing jurisdiction, and image of an acceptable identification document. A company applicant is either the individual who files the document that creates the entity or registers the entity to do business in the United States in the case of a foreign reporting company, or the individual who is primarily responsible for directing or controlling another person’s filing of the document. Again, my Business Representation Program will be amended to include that in 2024.
What are my next steps?
We understand how important it is to protect yourself, your loved ones, and all that you have worked so hard to earn. A comprehensive estate plan can help accomplish your goals by implementing the right strategies for your situation. If you would like to explore how an LLC can help you plan for your future and the future of your loved ones, please reach out to our firm.
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parklin-law · 1 year
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Assets that Subject to Probate
What Assets Are Subject to Probate in My State?
If you are planning to transfer your assets to someone else, you should know which assets are subject to probate. The probate process is a legal process that ensures the proper distribution of your property according to state law.
Probate
Typically, your personal possessions, household items, and vehicles go through the probate process. However, there are certain assets that you can choose to skip the probate process. These include assets that are jointly owned, such as real estate. Other non-probate assets include life insurance policies and retirement accounts.
Probate does not apply to assets that have a named beneficiary, such as bank accounts. Assets that are titled in a trust name can also be excluded from the probate process.
Some states have simplified their probate procedures, especially for small estates. In such cases, the probate court will only oversee the assets that are subject to distribution in the will.
Consult an Attorney
In some states, a quit claim deed or another form of a testamentary instrument can be used to dispose of a deceased person's belongings. However, this form of inheritance is not without its risks. You should consult a lawyer before signing any document.
Going through probate
Real estate in joint tenancy with the right of survivorship is another type of property that must go through probate. This is most commonly seen in business partnerships. Once one of the owners passes away, the other owners continue to own their share of the property.
Lastly, your assets that are titled in a trust name or in your name only can be excluded from the probate process. These include retirement accounts, life insurance policies, and securities.
Free consultation from one of the best Law Firms
If you have questions, you can get a free consultation with the Best Probate Lawyers.
Parklin Law - Probate Lawyer
5772 W 8030 S, # N206
West Jordan UT 84081
(801) 618-0699
https://parkin-law.business.site/ Disclaimer: This is not legal advice and is simply an answer to a question and that if legal advice is sought to contact a licensed attorney in the appropriate jurisdiction.
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legalassistant · 1 year
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What are the grounds for removing an executor from probate?
Reasons For Removing an Executor From Probate
Several reasons exist for the court to remove an executor from probate. These include misconduct, incompetence, and failure to comply with the terms of the will. These grounds must be proven to the court's satisfaction.
Executor
Self-dealing in estate property is another reason for the court to remove an executor. In this case, the executor may sell the property for a higher price than it should have been sold for.
The executor's statutory duties are to safeguard the assets of the estate and to distribute the estate assets to the beneficiaries. They must submit an inventory of the assets to the probate court. The court will determine whether or not the executor has performed his or her statutory duties and will review any affidavits or other evidence submitted.
Personal representative
The personal representative of an estate has a duty to act independently and to do so in the best interest of the estate. The personal representative can be a beneficiary or a creditor. The creditor is usually an individual who has an interest in the will.
Beneficiary
A beneficiary can petition the probate court for the removal of an executor. The beneficiary must present evidence of incompetence to the court. He or she must also gather testimonies and documents that prove the incompetence.
Judicial Decision
An executor who is unable to do his or her job due to substance abuse, mental illness, or other problems is also eligible for removal. The court will consider the welfare of the beneficiaries and will only remove the personal representative when it is necessary.
Free consultation from one of the best Law Firms
If you have questions, you can get a free consultation with the Best Probate Lawyers.
Parklin Law - Probate Lawyer
5772 W 8030 S, # N206
West Jordan UT 84081
(801) 618-0699
https://parkin-law.business.site/ Disclaimer: This is not legal advice and is simply an answer to a question and that if legal advice is sought to contact a licensed attorney in the appropriate jurisdiction.
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