Probate
When a person cannot act for him or her self the Probate Court can appoint a representative to act for him or her. With careful planning, a person can avoid Probate by creating documents that give authority and instruction to a trustee or other person on what he/she wants to have done with his/her property upon that person's death or disability. The more common documents are:
trusts;
Joint ownership arrangements; and
Survivor and beneficiary arrangements.
Probate can become necessary as a result of occurrences that aren't planned because they involve things that happen outside of a person’s family or inside a person’s family but are unforeseeable or uncontrollable including, but not limited to:
Guardianship of a minor;
Guardianship of a disabled adult;
Executor of a decedent's estate;
Administrator of a decedents estate;
Claims in estates;
Claim defense.
Attorney Paul C Sheils provides a free initial consultation for all types of probate questions on the above listed topics and others. Call today.
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Decedent’s Estates
When a person dies owning property a representative may be needed to transfer the property to his or her heirs [surviving family] or legatees [persons named in a will]. The representative, who is called an Executor or an Administrator, is appointed by a judge in the Probate Court who issues LETTERS OF OFFICE. More specifically titled LETTERS TESTAMENTARY or LETTERS OF ADMINISTRATION.
Disabled Person’s Estates
A person who is disabled due to injury, illness or not having reached the age of 18 years may also need a representative to transfer or receive property. The representative of a disabled person, who is called a Guardian, is also appointed by a judge in the Probate Court who issues LETTERS OF GUARDIANSHIP.
contested Estates
The following are some examples of issues that may be contested and therefore may have to be adjudicated by a Probate Judge:
Is a will valid or invalid?
Who should be appointed representative?
What property belongs in the estate?
Is a person disabled or not?
Small Estates Affidavit
A person who is disabled due to injury, illness or not having reached the age of 18 years may also need a representative to transfer or receive property. The representative of a disabled person, who is called a Guardian, is also appointed by a judge in the Probate Court who issues LETTERS OF GUARDIANSHIP.