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September 14, 2009
Executing a legal Will is one of the greatest gifts you can leave your loved ones. A Will is used to express burial preferences and name beneficiaries to receive property and personal belongings. The Last Will and Testament gives you the opportunity to have the final say in the event of your death.
A Will is also used to appoint an estate administrator. Most often this person is a family member or close personal friend. Depending on the size and complexity of the estate, some people retain a professional estate planner or probate attorney to manage their estate. It is a good idea to use the services of a neutral third party if family strife exists.
September 08, 2008
Probate real estate investing involves buying property from estates held in probate. When someone dies, all of their worldly belongings are transferred to probate. An estate executor oversees the decedent's estate until all financial transactions are completed. In some cases, probate can take several years to settle; leaving beneficiaries with a heavy financial burden.
Probate real estate investing requires a visit to the local courthouse and a bit of detective work. Investors can locate potential real estate deals by searching probate records and reading the decedent's Last Will and Testament. Wills are a matter of public record and can be viewed by anyone who is interested. The exception to this rule is when a Revocable Living Trust is executed.
July 30, 2008
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.
May 02, 2008
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.