What A Family Deals With After A Loved One Dies

Dealing with death is not easy. When a loved one passes away, one can feel the pangs of mortality that come with uneasiness, depression and sometimes, anger. Death, however, is believed by most to be just a stage in one's life and all it takes is time to be healed from the trauma.

When a person dies, the immediate family usually gets into a ritual or a practice depending on the family's religion or beliefs. Some simply skip this step and proceed with funeral arrangements. At this stage, family members usually gather to decide which type of funeral is best for their loved one. Families can hold a private or a public ceremony in a local church, a cemetery or in a crematorium.

There are instances in which a will has already been created to discuss the deceased wishes with regard to the type of funeral that should be conducted. If this aspect is not included in the will, most families choose to discuss it among themselves or with other relatives so long as it abides by their culture.

The will may also include instructions about assets and money. Some families may have already discussed this prior to a loved one's death but if a will is released soon after the actual death, a probate lawyer may be needed for advice and guidance.

[ Read More ]

On Wills and the Probate Attorney

A probate lawyer handles and administers the legal aspects of a deceased person’s last will and testament. He also notifies the heirs about the document and guides them throughout the legal process. In this light, the probate attorney may also act as the executor of the will, although this is only in certain cases and isn’t required.

What is Probate?

Essentially, probate is the term used for the legal process, accepted in the United States, of dividing the estate of a deceased person who has left a will. The deceased has the primary right to appoint the executor of his will (the absence of this provision allows the probate lawyer to take the executor’s stead), as well as assign the equitable distribution of his assets as he sees fit.

Distribution Outside of Probate

In some cases, the assets of the deceased can still be divided outside of the probate process, but this all depends on the extent of anti-probate planning that the deceased has made before finalizing his will. Moreover, some assets also don’t need to go through probate proceedings, just like joint tenancy and survivorship community property.

Probate Made Straightforward

Essentially, states that have adopted the Uniform Probate Code or UPC should have quite a straightforward legal process and the states allow for probate proceedings with minimal court supervision. Ask a probate attorney for more details on this matter.

[ Read More ]

Contingency Plans: On Estate Planning

If you have any dependents, you must already know and fear that they’ll be helpless the moment you somehow become unable to financially support them. There are two ways this grim scenario can play out; from your mental incapacity, or from your untimely demise. If you want to ensure that your dependents will be properly taken care during your absence, then you should consider planning your estate.

Estate planning refers to a financial contingency strategy that’s enacted upon your incapacity. The most well-known of these strategies is the creation of a last will and testament, which contains a set of instructions on how your estate will be handled upon your passing. Estate planning can also be useful should you become mentally disabled, as you can prepare a legal statement—called an advance medical directive—that confers upon one trusted confidante the right to make medical decisions for you.

Naturally, to prepare an estate for an emergency, you’ll need a lawyer who can help produce the necessary documents. Legal advice can also help individuals determine their full options for estate planning, as well as deal with issues such as probate. Your dependents shouldn’t be left empty-handed once you depart, so it’s important to have a backup plan ready.

[ Read More ]

Why You Need an Estate Planning Attorney

Most people wouldn’t want to talk about their own death. Unfortunately, death is an inevitable part of life so you have to prepare for it. You have to think of things like where or to whom your wealth or property should go. Probably, you've long decided to hand it down to your spouse or children, but if you don't consider writing your will, your family might find difficulty getting what they deserve.

This is where an estate planning attorney can help. Estate planning is the process of deciding how your possessions will be divided and managed upon your death. In more specific terms, it is a set of tools you need to ensure your wealth will be inherited by the right people. Not just focused on wills, estate planning includes other tools such as powers of attorney and revocable trusts that only an attorney can help you with.

Dying without a will allows the state to decide what to do with your wealth. You cannot assume that everything you own will automatically go to your spouse or children, because in some jurisdictions, only a third to a half go to the immediate family of the decedent. You need to secure your family's future while you still can.

The service of an attorney will allow you to go through the estate planning process smoothly. An estate planning attorney can provide specific projections of future property division and ensure those projections will happen. 

[ Read More ]