Nolo Press 8 Ways to Avoid Probate 

General Probate Questions

 WHAT IS “PROBATE”?

 WHAT DO ALL THESE COMPLICATED WORDS MEAN?

 WHY IS PROBATE NECESSARY?

 DOES ALL A PERSON’S PROPERTY HAVE TO GO THROUGH PROBATE?

 WHERE IS PROBATE HANDLED?
 WHAT IF THE DECEDENT OWNED LAND IN MORE THAN ONE STATE?

 DO WE HAVE TO GO THROUGH PROBATE IF THERE IS A WILL? WHY CAN’T WE JUST DISTRIBUTE THE ASSETS AS THE WILL SAYS?

Contesting a will or trust PJ Hoskins, Esq.

 WHO IS RESPONSIBLE FOR HANDLING THE PROBATE PROCESS?

 WHAT ARE THE MAIN DUTIES OF A PERSONAL REPRESENTATIVE?

 I WAS NAMED AS THE EXECUTOR IN MY SISTER’S WILL. DO I HAVE TO SERVE?

 IF I SERVE AS AN EXECUTOR, DO I GET PAID?

Instant Term Life Quotes - CA

WHAT HAPPENS IF THE PERSONAL REPRESENTATIVE FAILS TO PERFORM HIS OR HER DUTY?

 WHAT GOES ON IN THE PROBATE OF AN UNCONTESTED WILL?

 CAN I HANDLE PROBATE WITHOUT A LAWYER?

 WHAT IF SOMEONE OBJECTS TO THE WILL?

 WHAT IS THE BASIS FOR A WILL CONTEST?

 WHAT IF THERE IS NO WILL?

 WHAT HAPPENS IF A WILL CANNOT BE FOUND?

 HOW CAN I FIND OUT IF THERE WAS A WILL?

 HOW MUCH DOES PROBATE COST?

 HOW LONG DOES PROBATE TAKE?

 HOW CAN I AVOID PROBATE OF MY ESTATE?

 MY RELATIVE LEFT ONLY A VERY SMALL ESTATE. IS THERE ANYTHING EASY?

 HOW ARE ESTATE CREDITORS HANDLED?

 DO BENEFICIARIES HAVE TO PAY CREDITORS OUT OF THEIR OWN POCKET IF THE ESTATE IS INSOLVENT?

 HOW ARE TAXES HANDLED IN PROBATE?  Tax
 MY DECEASED AUNT HAD A COPY OF HER ORIGINAL WILL FROM A LAW FIRM THAT EXECUTED HER WILL. THE LAW FIRM NOW STATES THAT THEY ONLY HAD A DRAFT; HOWEVER, OUR COPY HAS TWO WITNESSES SIGNATURES, MY AUNT’S SIGNATURE, THE NOTARY’S PUBLIC SIGNATURE AND THE LAW FIRM’S BUSINESS STAMP. MOREOVER, WE ARE TOLD THAT THE COPY IS INVALID AND THERE IS NO WILL AND THE ORIGINAL CANNOT BE FOUND. THUS, THE PROBATE COURT WILL DECIDE WHO THE ESTATE WILL GO TO. WHAT CAN WE DO TO ENSURE THAT MY AUNT’S WILL IS CARRIED OUT AS SHE REQUESTED?

 MY HUSBAND DIED RECENTLY. HIS DENTIST WANTS ME TO PAY THE REMAINDER OF HIS BILL. AM I LIABLE?

 MY DAD LEFT HIS AFFAIRS IN THE HANDS OF MY BROTHER, ONE OF 4 KIDS. THOUGH HE HAS BEEN NAMED TO HANDLE THE TRUST, SELL AND DISTRIBUTE THE PROPERTY AND FUNDS, MONTHS HAVE PASSED AND NOTHING HAS BEEN DONE. CAN HE BE REMOVED FROM THE TASK?

 MY FATHER JUST DIED AND OUT OF NOWHERE MY YOUNGEST BROTHER POPS UP WITH A WILL NAMING HIM AS PERSONAL REPRESENTATIVE. THOUGH IT APPEARS THE WILL WAS DRAWN UP BY AN ATTORNEY, THERE ARE A NUMBER OF ERRORS, SUCH AS REFERENCE TO A NONEXISTENT BROTHER AND THE REPEATED USE OF MY FATHER’S NAME WITH THE WRONG MIDDLE INITIAL. IS THERE ANY WAY WE CAN HAVE CHALLENGE THE VALIDITY OF THIS WILL?

 THE BANK HOLDING MY DECEASED MOM’S CD WILL NOT DISTRIBUTE THE FUNDS TO HER ESTATE WITHOUT HER WILL BEING PROBATED. CAN THE BANK REQUIRE MY FAMILY TO GO THROUGH THAT PROCESS?

Probate process

Instant Term Life Quotes - CA

 WHERE IS PROBATE HANDLED?

 HOW LONG DOES PROBATE TAKE?

 HOW MUCH DOES PROBATE COST?

 MY RELATIVE LEFT ONLY A VERY SMALL ESTATE. IS THERE ANYTHING EASY?

 MY FATHER JUST DIED AND OUT OF NOWHERE MY YOUNGEST BROTHER POPS UP WITH A WILL NAMING HIM AS PERSONAL REPRESENTATIVE. THOUGH IT APPEARS THE WILL WAS DRAWN UP BY AN ATTORNEY, THERE ARE A NUMBER OF ERRORS, SUCH AS REFERENCE TO A NONEXISTENT BROTHER AND THE REPEATED USE OF MY FATHER’S NAME WITH THE WRONG MIDDLE INITIAL. IS THERE ANY WAY WE CAN HAVE CHALLENGE THE VALIDITY OF THIS WILL?

 THE BANK HOLDING MY DECEASED MOM’S CD WILL NOT DISTRIBUTE THE FUNDS TO HER ESTATE WITHOUT HER WILL BEING PROBATED. CAN THE BANK REQUIRE MY FAMILY TO GO THROUGH THAT PROCESS?

Purpose of probate

 WHAT IS “PROBATE”?

 WHY IS PROBATE NECESSARY?

 DO WE HAVE TO GO THROUGH PROBATE IF THERE IS A WILL? WHY CAN’T WE JUST DISTRIBUTE THE ASSETS AS THE WILL SAYS?

 HOW CAN AN ESTATE PLAN PREVENT A CONSERVATORSHIP PROCEEDING?

Instant Term Life Quotes - CA

The other 49 States

Ways to avoid probate

 HOW CAN I AVOID PROBATE OF MY ESTATE?

 WHAT PROTECTION IS AVAILABLE BY A REVOCABLE “LIVING” TRUST?

Executor or administrator

 WHO IS RESPONSIBLE FOR HANDLING THE PROBATE PROCESS?

 WHAT ARE THE MAIN DUTIES OF A PERSONAL REPRESENTATIVE?

 I WAS NAMED AS THE EXECUTOR IN MY SISTER’S WILL. DO I HAVE TO SERVE?

 IF I SERVE AS AN EXECUTOR, DO I GET PAID?

 WHAT HAPPENS IF THE PERSONAL REPRESENTATIVE FAILS TO PERFORM HIS OR HER DUTY?

 WHAT GOES ON IN THE PROBATE OF AN UNCONTESTED WILL?

 MY DAD LEFT HIS AFFAIRS IN THE HANDS OF MY BROTHER, ONE OF 4 KIDS. THOUGH HE HAS BEEN NAMED TO HANDLE THE TRUST, SELL AND DISTRIBUTE THE PROPERTY AND FUNDS, MONTHS HAVE PASSED AND NOTHING HAS BEEN DONE. CAN HE BE REMOVED FROM THE TASK?

 MY FATHER JUST DIED AND OUT OF NOWHERE MY YOUNGEST BROTHER POPS UP WITH A WILL NAMING HIM AS PERSONAL REPRESENTATIVE. THOUGH IT APPEARS THE WILL WAS DRAWN UP BY AN ATTORNEY, THERE ARE A NUMBER OF ERRORS, SUCH AS REFERENCE TO A NONEXISTENT BROTHER AND THE REPEATED USE OF MY FATHER’S NAME WITH THE WRONG MIDDLE INITIAL. IS THERE ANY WAY WE CAN HAVE CHALLENGE THE VALIDITY OF THIS WILL?
Creditors

 DO BENEFICIARIES HAVE TO PAY CREDITORS OUT OF THEIR OWN POCKET IF THE ESTATE IS INSOLVENT?

 MY HUSBAND DIED RECENTLY. HIS DENTIST WANTS ME TO PAY THE REMAINDER OF HIS BILL. AM I LIABLE?

 HOW ARE ESTATE CREDITORS HANDLED?

 IF MY PARENTS DIE WITH A MOUNTAIN OF DEBT, MORE THAN THE ESTATE IS WORTH, IS THE PAYMENT OF THE DEBT THE RESPONSIBILITY OF THE CHILDREN?

Legal help

Instant Term Life Quotes - CA

 CAN I HANDLE PROBATE WITHOUT A LAWYER?

 MY RELATIVE LEFT ONLY A VERY SMALL ESTATE. IS THERE ANYTHING EASY?

Property outside probate

 DOES ALL A PERSON’S PROPERTY HAVE TO GO THROUGH PROBATE?

 WHAT IF THE DECEDENT OWNED LAND IN MORE THAN ONE STATE?

 

 

 

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