Even when no one objects to proceedings involving probate, guardianship, and other legal matters, the prospect of navigating court procedure and fulfilling legal requirements can be overwhelming. Learn how Anderson Estate Planning can help.
If you have been named the executor of an estate, you have many responsibilities, and you can be held liable personally if you fail to take action according to the rules and expectations in the law and legal documents. However, our experienced probate attorneys are prepared to guide you through an uncontested probate process, and we can handle many of the requirements on your behalf.
Even if the deceased person did not leave a will, an estate often still needs to go through the required stages of probate. The court oversees the process of paying bills, filing taxes, and distributing assets pursuant to legal guidelines. Our probate attorneys can review the situation and determine whether full probate proceedings will be necessary.
While each case and local jurisdiction is different, the probate process involves the following steps, in general:
- Filing a petition in court to accept the will, opening probate, and the judge appointing the executor
- Providing notice to creditors, beneficiaries, and other interested parties in a legally acceptable format
- Gathering, inventorying, and appraising all assets attached to the estate
- Collecting any debts or income owed to the estate
- Paying bills owed to creditors as required by law
- Computing taxes dues at the local, state, and federal levels
- Distributing remaining assets to beneficiaries according to terms of the will or the laws of intestate succession
- Preparing a final accounting and closing the estate
After the court accepts your credentials as executor, you will receive documents authorizing you to conduct business on behalf of the estate. If the estate meets the qualifications, it may be eligible for a streamlined estate process. Our probate attorneys work with you to find the most cost-effective options to fulfill obligations without unnecessary delays or expenses.
When someone cannot physically or legally manage their care and financial business, you can petition the court for guardianship to allow you to care for them. Parents are the natural guardians of their children. If a child’s parents are unwilling or unable to provide proper care, another family member or other approved individual may ask to be named guardian.
If an adult is declared legally incompetent, the court may name a guardian for that individual. The process can be challenging because it requires demonstrating the need for guardianship and showing that the person petitioning for guardianship is appropriate for the role.
Guardianship strips a person of their legal rights, so courts are generally reluctant to grant guardianship if less drastic options are available. Our attorneys can help you determine the best approach and work through all requirements to help you gain the control you need to assist a loved one through uncontested guardianship.
When Someone Contests a Will, Guardianship, or Other Proceedings
At Anderson Estate Planning, we have a network of colleagues who focus on litigation of contested wills, probate, guardianship, and other estate planning issues. We can refer you to a trusted legal advocate if it becomes necessary to challenge or defend a matter in court. If litigation involves a case where we have provided legal services, we work hand in hand with litigation attorneys to ensure that matters are handled efficiently.
Find Out How Anderson Estate Planning Can Meet Your Needs
Probate, guardianship, and related matters usually hit you when you are overcome by emotion and busy with family affairs. Let the dedicated team at Anderson Estate Planning manage the legal process so that you can focus on the needs of yourself and your family. Contact us today to schedule a confidential consultation to learn more about the assistance we can provide in your case.