Probate and Estate Law – Planning And Execution

A loved one ‘s death is a stressful and painful time for us to go through. Unfortunately, the work is still not done even after the funeral services have ended and things seem to settle. Many times there are estate matters that need to be addressed.

What is an Estate? Simply put, an estate is what is left in an individual’s name or possession at the time of their death, including properties and debts. In a process called a probate, the distribution of what is left in an estate to those who are entitled to it is administered by a person’s estate. It is through the probate process that the property is accounted for and transferred, titled in the name of the deceased.Estate Planning Attorney-NC Planning is an excellent resource for this.

The purpose of a last will and testament is to provide directives on how a person wishes to be distributed for his estate and belongings. If a person dies without ever making a will, or their will has been found invalid (not legitimate because of an problem in drafting or execution), then the probate court distributes the estate according to the probate law of that state. For example , if a person died under Maryland state law and they had no will and no surviving blood relatives, then their probate assets would be passed on to the education board of the county. Laws can vary from state to state, and in the field of law on the estate and probate, that’s no different. For legal advice, please contact an estate lawyer in your state.

Throughout the trial process a individual is assigned to administer the estate by the probate court. This person is often called an executor, or executrix. This person may be nominated either in the will of the deceased to handle their estate matters, or in the absence of a will, the court may appoint whom they deem appropriate. It is the responsibility of the executor to collect all the necessary information and documents so that the assets of the deceased can be found, used to pay the deceased’s remaining debts, and the remainder of the assets divided among the beneficiaries named in the will or, in the absence of a will, the heirs at law as named in the descent and distribution statute of the State.

It does sound like a lot of work, right? Well that’s it. It takes a lot of time, trouble and expense for even small estates worth little value to complete the probate process. It can be a confusing ordeal, particularly in addition to already handling the grief that comes with a loved one ‘s loss. That is why a lot of families chose to try a lawyer’s legal advice. A lawyer who is skilled in probate administration and estate law can help relieve the burden, stress , and anxiety that administration of the estate can bring. There is no better aid in matters of the estate than a practicing probate attorney’s diligent and experienced guidance.