The death of a loved one can be a very emotional and complicated time for anyone. In addition to grieving, many family members can suddenly find themselves with a lot of work on their hands making funeral arrangements and closing the estate of the deceased. However, most of the inherent confusion related to this situation can be addressed by some well thought out planning ahead of time.
Preparing for Disability & Wills
Planning for future disability, or even death, can be an uncomfortable process, but a necessary one. It is important to iron out details and plan ahead, so that these issues are not left until it is too late. There are a number of documents that individuals can utilize in order to plan ahead, including but not necessarily limited to: wills, trusts, powers of attorney, directive to physicians, etc. Consult with an attorney to figure out what course of actions best suits your expected needs.
Probating an Estate with a Will
Simply having a will does not mean that the property will automatically transfer upon the Testator's death. A suit must be initiated, and the will must be probated in order to clear title and properly transfer property from the estate to the heirs. Failing to do so in a timely manner could result in the court's inability to probate the will, so it is important to address this issue as soon as possible.
Probate Alternatives
In the event that too much time has passed in order to probate a will, or if someone has passed away without ever executing a will, there are still alternatives for the survivors of the deceased to clear up the estate. These alternatives include, but are not necessarily limited to Small Estates Affidavit, Declarations of Heirship, Muniment of Title, and Independent Administration.
