August 17, 2008 | Comments: 1

Probate Lawyers and Estate Laws

Probate lawyers specialize in estate laws. They are typically retained to handle distribution of assets and file legal documents for a person who has died. In most instances, people needing the services of a probate lawyer will want to retain a Transactional probate lawyer. However, if conflicts arise within the family or when claims are filed against the decedent's estate, a Probate Litigator may be required.

Transactional probate lawyers handle estate administration duties. If the decedent has executed a Last Will and Testament, transactional probate lawyers will file a copy of the original Will at the local courthouse in the county where the decedent resided. If the decedent dies intestate (without leaving a Will), transactional probate lawyers will appoint an Estate Administrator and assist them in matters regarding the estate.

Real Estate Investing article on "Probate Lawyers "

August 14, 2008

Probate Real Estate Administrator Incharge of Selling the Estate

Probate real estate is property that belongs to heirs, but cannot be released because it is in the process of probate. Probate occurs when a person dies without a Revocable Living Trust or Last Will and Testament. Even when a person executes a Will and Testament, real estate and other assets can be held in probate for several months or years.

When heirs need or want to sell probate real estate, the Estate Administrator is required to petition the probate court. If multiple heirs are entitled to probate real estate, they must all agree to sell the property and sign consensual contracts.

Real Estate Investing article on "Probate Real Estate "

July 30, 2008

Probate: A Difficult time to Deal with Heirs and the Estate

Probate is the legal process used to transfer property, real estate, personal belongings and bank account holdings. Depending on the size of the decedent's estate and family dynamics, probate can tie assets up in the court system for six months to three years. If family disputes arise, legal fees can end up costing more than the estate is worth.

Part of the problem with probate is that it involves government agencies and attorneys. When someone dies it is almost guaranteed that many people will want to stick their fingers in the inheritance pie.

Real Estate Investing article on "Probate: A Difficult time to Deal with Heirs and the Estate"

May 02, 2008

Probate Court

Probate court refers to a specialty court which primarily tends to matters regarding the estate of a deceased person. Depending on the state and jurisdiction of this type of court, it may also be referred to as Orphans Court, Court of Ordinary, Court of Equity or Surrogate Court.

The main function of Probate court is to ensure assets of a deceased individual are properly disbursed. A probate judge oversees the decedent's estate to enforce provisions of the Last Will and Testament. If an individual dies without leaving a Will, (referred to as Intestate) the probate judge will assign an Executor to administer the estate.

Real Estate Investing article on "Probate Court"

April 27, 2008

California Probate Realestate

California probate realestate is one of the biggest untapped real estate markets in the United States. Oftentimes probate houses can be purchased for pennies on the dollar because Estate Executors don't have the time or money to deal with them.

Estate Executors of California probate realestate frequently sell the property for less than it is worth. This is particularly true if the estate executor resides out of town or in another state. Selling the probate real estate can save them a tremendous amount of money in travel expenses, legal fees and other costs associated with settling the decedent's estate.

Real Estate Investing article on "California Probate Realestate"

January 19, 2008

How to Avoid Probate

Most people would agree probate is a process you don't ever want to deal with. It's time-consuming, costs money, can lead to conflict within the family and create all kinds of ugly scenarios. The purpose of probate is to ensure the decedent's wishes are met by proper distribution of assets and resolve creditor claims, tax liens, etc., if they exist. The process can take months, even years, to complete.

The main reason probate takes so long is due to the fact that considerable clerical work is involved. Facts and figures must be checked, creditors must be paid and tax forms need to be filed. Many probate court systems are understaffed and overloaded with probate cases. Even if all family members agree and there are no creditors involved, probate typically takes a minimum of six months.