Guiding You Through The Probate Process
Despite people’s best intentions, families often fight when someone dies. Probate and related proceedings often end up in disputes, including contests of wills and trusts, construction (interpretation) of wills and trusts, disputed joint tenancies, and more.
At Aiello and Associates, we try to settle those contests to our clients’ satisfaction, but we also fight if necessary. We listen to our clients, easing their minds, and we help craft strategies for successful resolution of their probate. With over seven decades of combined experience, our attorneys know how to put the law on your side.
What Is Probate?
Probate law has to do with the handling of an estate when someone, such as a family member or another loved one, passes away. These are the laws that make sure that the creditors are paid properly and that assets are distributed to the heirs or the descendant. When you find yourself in a situation where you’ll be dealing with probate law, it’s a good idea to already have in mind what you are going to need to do.
Probate is a legal process that begins with a petition (a request) to open the estate and name a personal representative who is responsible for the administration of the deceased’s property. The next step is when an official notice to creditors is printed in a local newspaper and notice of administration is sent to other involved parties. Creditors then have a set amount of time to file their claims from the first date of publication. Then the personal representative can pay the debt and distribute the remaining estate. Finally, a petition for discharge is filed, and the estate is closed.
While on one hand, this may sound simple, probate law and the handling of estates is in fact a complex system, which presents you with multiple requirements and tasks to be performed by the personal representative, an experienced attorney and a tax consultant. For example, the probate process that involves an estate including only a single house and single bank account that has been left to a single beneficiary will probably be a far easier and quicker one to deal with than the probate process that involves an estate containing multiple houses that are in various states, and that are left to multiple beneficiaries. This becomes especially difficult if an estate includes leaving assets to a minor.
Part of our probate practice also involves matters such as:
- Probate conservatorship
- Power of attorney
- Title issues
It is important to have an experienced probate attorney, as you will not know what issues may arise throughout the probate.
Speak With An Attorney Today
At Aiello and Associates, our attorneys bring more than seven decades of combined experience to each probate case. We can help you and your family by taking care of your loved one’s probate. Please call our Warren office at 586-250-5527, or send us an online message at any time.