Probate & Estate Administration Attorneys at O'Flaherty Law

Not All Probate Attorneys Are the Same

The process of probate can be a very stressful and complex time. If there are issues with a probate and you want to know what your rights are, you should consult with an experienced probate attorney near you. The probate attorneys at O’Flaherty Law can offer you sound advice and rigorous representation in the probate court. Probate can be a long and sometimes difficult legal process and you want to the right attorney for your legal needs.

Not having an experienced probate attorney at you side can result in the estate over spending or the probate process stalling so it is in your best interests to consult with counsel as soon as possible. If you choose to not retain counsel, it is likely you will make a costly mistake or do something that will cost the estate money, thus making gifts smaller.

Our Probate Lawyers are Here to Guide You Through the Probate Process!

The probate process can be complex even when there are no issues between remaining family members or friends. Depending on the size of the estate and its complexity, probate is a minefield of potential issues to navigate. An experienced probate attorney can mediate disputes between heirs, challenge a will or fight a challenge to a will in court. The guidance of a good probate attorney can help speed up the probate process, allowing you to access assets more quickly.

If the estate has alleged creditors, a good probate attorney can fend off collections on the estate, retaining more money or property for the heirs. The probate attorneys at O’Flaherty Law are highly experienced in probate law and litigation and will be able to steer you through any pitfalls or delays while you are dealing with probate.

What to Expect from Your Probate Attorney

You can count on your O’Flaherty Law probate attorney to provide clear and accurate communication about your case and support during the probate process. During your initial consultation with an O’Flaherty Law probate attorney, you will discuss the problem and your goals. A frank discussion about your goals is critical to your case because your attorney will devise a strategy to best reach your goals. Once you and O’Flaherty Law have signed an agreement, your attorney will begin working to help you reach your legal goals. Sometimes that means going into court and litigating; sometimes, it can mean just reaching an agreement with the other side.

The team at O’Flaherty Law will also provide any follow-up necessary to ensure that you leave the probate process with all your questions and concerns addressed. That way, you can move on with your life feeling confident that all aspects of the case were handled properly and that the estate was distributed in the right way.

What is the Probate and the Estate Administration Process?

The simplest explanation of probate is that it is the validation of the will of a deceased individual. When a person passes away, a petition for probate is filed, and the process begins. The court will follow established procedures to ensure that the will was appropriately formed and that the terms of the decadents will be carried out properly, with all property going to its intended recipient.

Estate administration is when the will or the court appoints an administrator to manage the details of the estate. The administrator ensures all assets are accounted for, and debts and taxes are paid on behalf of the deceased.

People use “probate” as a blanket term for anything done with a person’s estate after they pass away. Still, many aspects of finalizing and distributing an estate may not always involve the probate court, such as managing a trust

Appointing an Executor or Administrator of the Estate

The will can name an executor, but it is the probate court that approves that executor. If there is no will, but the estate is over a certain size, or if the will does not name an executor, the court will appoint an administrator. The difference between the two titles is just how the person is given the job. The duties of an executor and an administrator are the same. Both titles have a fiduciary duty to account for assets properly, pay taxes and debts of the estate, and help ensure property goes to the proper recipient. In certain circumstances, an executor named in a will may have additional powers and duties laid out in the will, while an administrator only has duties imposed by law.

How to Make Sure Your Assets Avoid Probate

Prior planning and careful handling of your assets can help you avoid probate, avoid the associated fees, and curb some of the taxes the estate and your beneficiaries must pay. Consult with an experienced estate attorney to arrange things, so nothing or very little needs to be probated. An experienced estate planning attorney can design and implement a plan that will allow you to either have very small and simple probate or avoid probate entirely. Common tools or legal instruments that can help someone avoid probate would be trusts, insurance policies, payable on death (POD) bank accounts, and holding property jointly, preferably with right of survivorship included in the deed.

Going to Probate Court

You probably won’t “go to probate court” unless there is a dispute that only the court can resolve, like a challenge to the validity of the will or perhaps fighting a creditor of the estate. In such cases, witness testimony, cross-examination, and exhibits will have to be offered on to the record. Most of the time, any hearing will not require your presence, and your probate attorney can simply appear for you and then report back to you after the hearing. In fact, that is a big reason many people benefit from hiring an experienced probate attorney. It provides them with a trusted representative to handle the nuts and bolts of probate court while they go on with their everyday lives.

How Long Does Probate Last?

Every state has its own set of probate rules. Generally speaking, probate does not typically last over one year. However, if the will is contested or if there are other legal issues to be dealt with, for example, tax issues or a large and complicated estate, it can go on for two years or longer. Regular communication with your probate attorney will shed light on where the process is and how much more needs to be done for the probate, and you can get an estimate of time frames, although those are never guaranteed. While it can be very difficult to be patient, it helps to understand that the court simply wants to make sure everything is handled the first time for every case properly, and that takes time.

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