Monday, October 28, 2013

Have You Ever Wanted To Know How Probate Works?

A probate, for anyone who does not understand, is a legal process that helps clients either pay off debts or divide assets and property when a family member, or individual, has passed away.  The majority of probates will have a will drawn up, also known as a Last Will and Testament. These types of wills come with a lot of requirements and possible conditions from either the heirs and or creditors. Once the will and testament is drawn up, the attorney and probate clients have to go to probate court where the assets, from the passed away individual, including taxes and any other expenses, will be divided among the listed heirs.

Now, it is not always necessary to go to court, but if there are issues that come up with the heirs of a probate, a court hearing will be necessary.This is also called probate litigation. A probate litigation will include, but not limited to, certain laws, statues and codes which are necessary for a particular clients will, trust, or testament. Also depending on the size of an estate attorney's, such as probate attorney John Farina, will be prepared for a clients probate litigation court hearing when the court date arrives.

There are several types of probate wills for clients to consider when hiring a probate attorney. The probate attorney will either suggest the right will for their client to use, or the client will choose for the attorney. It is usually better for the attorney to decide when it comes to drawing up any probate will. These are the various probate wills for clients to consider:

  • Mistake in Exececution
  • Mental Capacity (or lack thereof)
  • Undue Influence
 Finally, a probate attorney wants the whole process to go as smoothly as possible. Probate attorneys do not look forward to seeing their clients unhappy and will do all they can to please their clients and possible heirs of the drawn up probate.

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