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What Are Probate Laws

 

 

Probate Law

A court procedure for settling the personal and business affairs of a decedent by formally proving the validity of a will and establishing the legal transfer of property to beneficiaries, or appointing an administrator and supervising the legal transfer of property to heirs if there is no valid will.

In laymen's terms it is the legal process of proving a will, appointing an executor, and settling an estate. The process of probate has come to be understood as the legal process whereby a deceased person's estate is administered and distributed.

For a will to be valid in most states, the will must be either in writing; signed by the decedent or in the decedent's name by some other individual in the decedent's conscious presence and by the decedent's direction; and signed by at least two people, each of whom signed within a reasonable time after that person witnessed either the signing of the will or the decedent's acknowledgment of that signature or acknowledgment of the will.

Our Wills and Trusts attorney can assist you with all of your probate questions and legal matters.

Issues and Topics related to Probate Law include:

  • Trusts
  • Estate Planning
  • Financial Advisors
  • Probate Law

Are you in need of an expert attorney in the field of Proabate Law and Wills and Trusts Law? If so, contact us now and receive a free case review.

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A "Living Trust" can be used to hold legal title to and provide a mechanism to manage your property

You can select a person or or a group of people to serve as the Trustee. They then carry out the instructions you want in the Trust and name one or more Successor Trustees to take over should you no longer be able to. Unlike a Will, a Trust generally goes into effect immediately, functions throughout your lifetime even if you become incapacitated, and continues even after your death. Most Trusts are revocable meaning that the person who creates the Trust can make modifications or terminate the Trust in the future.

 
 

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