Unless you’re an estate lawyer or have a lot of experience with probate, it’s generally not a good idea to handle the settlement of a deceased loved one’s estate without a lawyer. Especially when the estate is large, contains complicated assets or requires special ongoing management, you need to have someone with a strong command of the law and the intricacies of your local court system.
A family probate lawyer can provide legal support to you and your loved ones, particularly if the deceased person made a will or had a revocable living trust in place. A lawyer can also help you understand your legal obligations as the executor of the estate and assist you in carrying out those obligations.
The estate of a deceased person must undergo two processes, either probate or administration. Probate is the process by which a judge declares that the last will and testament is valid. This allows the executor of the estate to gather and distribute the deceased’s property according to the terms of the will. Administration is the procedure for distributing the deceased’s property if there is no will, or in the absence of a will, according to state law.
If a deceased person’s assets can be transferred outside of probate, it can save everyone a lot of time and hassle. This can include things like jointly held assets, or those that are paid into a trust, that transfer directly to the surviving owner upon death. However, even if the assets do require some kind of formal legal action, it may not be necessary to turn the case over to an attorney or at least to hire one for limited advice.
The executor of an estate is responsible for paying the deceased person’s debts, funeral expenses and any applicable taxes. If you discover that there is not enough money in the estate to cover these debts, it’s important to seek legal advice. There are various ways that this problem can be resolved, such as by negotiating with creditors, using surplus funds to pay taxes or instituting a family settlement agreement.
If you are concerned about how the estate of your deceased loved one was handled, or if you want to contest a will, it’s crucial to work with an experienced Connecticut family probate attorney. A lawyer can provide the information and resources you need to present a strong case. They can also advise you on the best way to proceed, given the circumstances of your unique situation. Ideally, they can guide you to an early resolution that satisfies all parties. They can also keep you informed of any developments as the case progresses, and help you avoid unnecessary delays. Lastly, they can ensure that your rights are protected throughout the proceedings.
As most people know, a well-crafted estate plan is critical to avoiding family disputes after death. However, even with proper planning, some families find themselves in a contentious situation that necessitates probate litigation.
Inheritance disputes are one of the most common reasons for a Connecticut probate lawyer to be engaged. These disputes can be emotionally charged and involve complicated legal issues. A probate attorney can help individuals, heirs, beneficiaries, and fiduciaries navigate the litigation process to secure the best results.
Intestate disputes occur when the deceased individual died without a valid will. In this scenario, state law dictates the order of who should inherit the deceased person’s assets. Typically, a surviving spouse will receive all the deceased person’s intestate property. This may also include life insurance policies. Children, parents and siblings are usually next in line to inherit. Extended family members might also be included.
The role of a Connecticut inheritance dispute lawyer in this case is to determine whether the will is valid or not. The lawyer will review the deceased person’s intentions as expressed in the will to see if it is clear, unambiguous and free of undue influence or mental impairment. In addition, the attorney will analyze the circumstances surrounding the deceased person’s death to see if there is evidence of tampering, forgery or fraud.
During the course of the probate process, the Connecticut probate lawyer will compile all the deceased person’s assets and make a full accounting for all expenditures made on behalf of the estate. He or she will then distribute the remaining assets to the heirs. A final petition will be submitted to the court to close the estate.
A Connecticut inheritance dispute lawyer will often be hired by an individual who is a beneficiary of the deceased person’s estate or trust. In this type of case, the individual will allege that the fiduciary failed in their duties or acted unethically. This can be due to financial mismanagement of the estate, loss of estate assets or even committing illegal acts such as embezzlement.
Siblings are prone to fighting over inheritance matters. In fact, 44% of all inheritance disputes involve sibling disputes. In many of these cases, a surviving brother or sister feels that the deceased parent was unfair in their Will and/or that they were disinherited.
A skilled Connecticut probate litigation attorney can facilitate a mediation between the disputing parties to see if an agreement can be reached that is mutually beneficial to all. This is a less costly and more efficient alternative to filing a lawsuit in probate court.
For many people, the loss of a loved one can be financially devastating, especially if that person was the sole or primary beneficiary of a large estate. A probate court is necessary to ensure that a deceased’s assets are distributed appropriately, and family probate lawyers can help in this process.
A family probate lawyer is a state-licensed attorney who can assist the executor of a will or, if there was no will, the beneficiaries of an estate as they work to settle the estate. This could include everything from finding and inventorying estate assets, to determining and paying debts, to distributing and settling the estate. Probate attorneys may also be called upon to serve as a will contest attorney, and it is important to understand their role in this process.
The length of time a probate case takes is going to vary greatly, depending on the complexity of the estate. For example, a small estate may only require six to eight weeks, while a large estate could be in probate for several years. The longer a case lasts, the more it is going to cost, so it is important to find an attorney who is familiar with your local law and can move things along as quickly as possible.
A probate lawyer can assist in a variety of ways, and it is not always necessary to have one. However, if you want to reduce the chance of conflict and disputes over your estate after your death, it is wise to consult with a probate attorney to draft a will and other legal documents. During this process, your attorney can discuss the type of property you own and how best to transfer that property after your death. They can also review the terms of your will and ensure that it is valid.
If a person dies without a will, the estate is distributed under state intestacy laws, which may differ from your personal wishes. An experienced probate attorney can explain how these laws might affect your estate and can help you plan accordingly.
Once a personal representative, who is the executor in most states, has been named, he or she is bound to manage and distribute assets according to the terms of the will or, in the absence of a will, state intestacy laws. An interested party who believes the personal representative is mismanaging the estate can seek recourse through the court or file a lawsuit against him or her. While creditors are generally free to claim their debts against an estate, there is a hierarchy of priority and some expenses (such as funeral and interment expenses) must be paid before the remaining assets can be distributed to beneficiaries. The law is very specific as to what is considered reasonable, so it is essential to have an attorney who specializes in probate.
McConnell Family Law Group
500 West Putnam Avenue, Greenwich, CT 06830, United States
(203) 541-5520