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Probate Law

The Most Important Part Of An Estate Planning Process

Estate Planning AttorneyAn estate planning attorney can be an invaluable asset when you need help with your final wishes. Their knowledge of your assets, financial situation and family relationships will ensure that you receive your assets in the way you want them when you die.

Choosing an estate planning attorney is a very personal decision. You should choose one who is compatible with your goals and personality. You should also select a lawyer who is up to date with the latest laws in your state. This way, your plan will be valid in court.

A skilled and experienced estate planning attorney will understand your goals, needs and objectives. They will then develop a comprehensive estate plan that will address those goals and objectives. Your estate plan should include a last will and testament, living trust, healthcare power of attorney, durable power of attorney for finances, beneficiary designations, guardianship designations and an Advanced Health Care Directive (AHCD).

If you do not have a last will and testament or trust and wish to avoid probate, an experienced estate planning attorney can draft a revocable living trust that you can use to transfer assets and minimize estate taxes. The revocable living trust can be established in your name only, or it can be established jointly with another person.

Your Property Will Be Distributed To The People You Recommend For The Most Benefit When You Die

An estate plan helps you ensure that your property is distributed to the individuals or entities you desire for the most benefit when you die. It can also prevent creditors from pursuing your beneficiaries after you die, so you can enjoy peace of mind and the assurance that your loved ones will be taken care of properly.

The estate planning attorneys at Davis & Associates can help you determine which legal structures will best protect your estate and efficiently transfer assets to your loved ones when you die. We offer a full suite of estate planning services, including drafting wills, revocable living trusts, powers of attorney, and medical directives.

Asset Protection & Tax-Efficient Distribution

Many of our clients have concerns about their potential exposure to gift, estate and inheritance taxes. As such, we counsel our clients with up-to-date advice on effective estate planning techniques that can be used to reduce their exposure to these taxes while preserving their wealth for future generations.

In addition to estate planning, our attorneys assist executors and administrators with the administration of their client’s estates. They advise them on the proper procedures for administering their clients’ wills and trusts, as well as the preparation of estate tax returns and other related matters.

Your Family’s Needs Are The Most Important Part Of An estate plan

If you have young children or other loved ones with special needs, a thorough and appropriate estate plan is critical to making sure your wishes are carried out. A good estate planning attorney will take the time to discuss these specific needs with you and formulate a strategy for the most beneficial outcome for you and your family.

Categories
Probate Law

Why Probate is an Important Aspect of Estate Distribution?- Read to Understand

Probate is one of the most important aspects of estates. Probate involves an agreement between the parties to a Will, where the agent or attorney who executed the document (the executor) is given the authority to settle the estate, upon the demise of the principal. There are two types of probate, and there are different procedures in each type. One type is a formal probate and the other type is informal probate. This article is going to help you understand the differences between these two types of probate and what you can expect when you are working with an estate attorney in this area.

 

In formal probate procedures, the executor is usually paid his or her salary and is paid for the responsibility of carrying out the wishes of the deceased person. He or she is also the one responsible for filing taxes and making sure that all tax issues are taken care of. The will has to be signed by the principal, followed by the tests of probate. If a person dies before signing the will, a power of attorney will have to be signed by another person and the will not take precedence over the powers of attorney previously created. When a probate hearing is held, then the person who had the power of attorney dies, and the powers of attorney are terminated.

 

In informal probate, the process continues in much the same way as it did when the person died. The person who was actually designated as having control of the estate attends the hearings, and is usually represented by a probate and elder law attorney. The attorney will do everything he or she can to explain the situation and make sure that everything is taken care of under the probate laws. It’s still very important that the person execute a Will or have one made if he or she doesn’t already have one. Probate hearings don’t really go over the whole estate, they just deal with the actual probate procedures.

 

Probate can be an extremely expensive process if it goes terribly wrong or the wrong people gain control of it. For example, suppose you die and your spouse had no power of attorney, but had somehow obtained the power of attorney anyway and used it to make sure their kids would inherit their father’s estate. This could easily happen in probate court. Even if the probate judge rules in favor of the children, there may be huge ramifications since it could be a case of fraud if the person who fraudulently gained the power of attorney was someone the person had known or had been in contact with. It’s not something I would recommend dealing with lightly, but it does happen and it could be extremely costly if it turns out to be fraud.

 

probate lawyer in MiamiProbate can be a messy process to get through especially if it’s happens to be someone we’re close to die, said a probate lawyer in Miami, Florida. One way to make sure the entire process goes smoothly is to make sure you have a qualified attorney. Qualified probate attorneys are knowledgeable about the probate procedure and can help you to settle any issues before they become a problem. If at all possible, seek out someone who has already worked through probate with their client and has nothing to worry about – it will make everything go a lot smoother for everyone concerned.

 

The probate process may seem tedious and time consuming, but it really isn’t. The entire purpose of the probate process is to make sure that whoever is left behind has enough money to live on until they can get on their own. It’s a sad reality, but there are people dying and they need to get their affairs in order, and probate is one way to do it. In fact, probate can be an excellent way to secure your loved ones’ estates if you can avoid it happening to them. Contact georgiaprobateattorneys.net to learn more about probate and guardianship.