Probate Attorney

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When going to a real estate lawyer for the purpose of probate and trust litigation, most people are actually unaware of what to expect and, most importantly, what necessary documents and information should they bring to their office. Here are some of the important documents that you should take to your lawyer.

Previous Will and Testament – The original copy of the final Will approved by the decedent which may include any amendments. In case the deceased dies without leaving a Will (intestate), then the state law will be used to determine the inheritance. There are a few instances when probate may not be needed.  For instance, decedent’s assets are placed in a Trust or perhaps the decedent does not have any assets to their name, Moreover, you may also bring copies of estate documents such as a Trust, etc.

Interested Parties – Despite the fact that a person dies testate or intestate, the names, ages, addresses, and social security numbers of each person whose name is mentioned in the Will document are required to file probate. Moreover, similar records are also required for all individuals that the law states should inherit had there was no Will.

These individuals are eligible to receive notice of the legal proceedings despite the fact if the Will leaves any assets to their name or not. As per the State’s inheritance law, the relationships include surviving partner or children. In cases where the descendant has no partner or children, the siblings, parents, and any other relation should be included.

Assets List – Your real estate attorney will help to assess the extent and nature of their respective assets, their location and their estimated worth in the market. The assets that are subjected to probate are those assets that solely belonged to the decedent. The estimated worth is calculated in order to establish the initial court-required inventory.

Probate does not apply to insurance policies that are owned by the deceased and jointly owned possessions (real estate, bank accounts, mineral rights etc.), however, your attorney will require them to determine their tax implications.

Debts List – Your real estate lawyer will also need to learn about the debts accrued by the deceased and also the names and contacts of the creditors. These are individuals who owe money from the deceased individual (including burial services and funeral) and are entitled by law to receive estate proceedings’ notice. They have the legal right to file a lawsuit in the court in order to receive their dues that are unpaid. The creditors are required to be compensated before the process of asset allocation to the recipients can be initiated.

For further information on Probate & Trust Litigation or to schedule a free consultation, contact Casement Law Group, P.C. today at (847) 888-9300 to speak with an experienced estate planning lawyer.

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