Many couples have executed an A-B “credit shelter” trust in order to preserve estate tax exemptions for both spouses. This can potentially benefit the heirs by saving nearly one million dollars in inheritance taxes. The consequence of the credit shelter trust, however, is that estate assets are necessarily sheltered from the surviving spouse. Because language in many trusts calls for the credit shelter trust to be funded with an amount equal to the federal exclusion amount in effect at the time of death, the sheltered amount can be quite large and leave the surviving spouse with too little in the way of assets. Fortunately, proper estate planning, including the use of a “disclaimer A-B trust,” can relieve this problem.

Attorneys can be very useful in times of bereavement. Probate complexities can be overwhelming to a grieving survivor, and lawyers trained in dealing with such complexities can be instrumental in getting through such a time. Let’s explore the ways in which hiring a probate attorney can be beneficial to the family — even prior to passing on.

A lawyer can help in many ways when it comes to writing a will. If a person dies without a will (or dying “intestate”) in Florida, their assets are divided amongst their immediate family. If the deceased has a spouse and at least one child, the first $60,000 of their estate beyond homestead entitlements, plus 1/2 the remaining estate, will go their spouse. The remainder goes to their children. If they have a spouse but no children, the entire estate goes to the spouse.

Probate court is the office where all probate issues are handled. The probate court handles all matters of probate, right from admitting the petition for probate until issuing the order for transfer of property to heirs and beneficiaries.

In most states probate courts function exclusively. [In some states such as Massachusetts, Probate and Family Courts function as one unit with two compartments; Probate and Family Courts take up additional issues such as birth and death, marriage, domestic violence, child abuse, adoption, separation and divorce, maintenance etc].

A typical probate court has a presiding Judge, a supervisor and a few clerical employees.

The legal process of the distributing of the estate of a deceased individual is known as probate. Probate is often a time-consuming and confusing process for those who are involved. Most people lack a knowledge of the probate process because of inexperience with the process.

While probate is rarely easy, an adequate knowledge and understanding of the process can decrease stress, and increase your confidence that everything is being done properly. Anyone involved in probate should understand the following:

1 – In cases where a valid will exists, the individual named in the will as the executor is responsible to see that the deceased’s instructions are carried out.

Probate research is, in a sense, a study about family trees. Genealogists and historians are particularly apt to undergo probate research. Probate records give immensely invaluable information to them.

Researchers locate the places where the individuals in the family tree died. Sometimes the names of places are changed over time, or places themselves are located in a different state or country than where it used to be. For example, Eritrea, which is an independent country today, used to be part of Ethiopia. Within the US, some parts of Lincoln County which were in Maine in the 18th century are now parts of Kennebec, Waldo, Washington, Hancock, Androscoggin, Sagadahoc and Knox counties.

If you have reached a juncture in your life at which you require the services of an attorney, you likely have many questions about how you can best go about finding an attorney to assist you with your important legal needs. Through this article, you are provided step by step information about how you can select the very best lawyer to effective serve your needs today.

All important documents which are used in the probate process are known as probate records. The first category of records relate to personal properties which are to be submitted to the court.

The will should state what assets are involved, who are the beneficiaries, who will be the personal representative, guardian for minor children less than 18 years old, someone to manage children’s’ property [if the heirs are minors or young adults], signature of witnesses, signature of self and endorsement by the notary.

When your parents die, you are the one who will be responsible for taking care of everything they leave behind. My dad died a couple of years ago and even though my stepmom was still living, ensuring that his estate was administered properly was my responsibility. There are steps you can take today to make sure that it will be as easy for you as possible and that what you inherit will be as protected as possible. Avoid these three mistakes.