As we’re settling in to the New Year with our New Year’s resolutions already either forgotten or (hopefully) regularly scheduled and being followed, I have a challenge for all of my readers: no matter your level of wealth or marital status, you should have in place at least the basics of an estate plan, thereby […]
Probate is a legal process, often involving a probate court appearance, which someone’s estate has to pass through if they have not set up a trust. It is used to pass title and distribute a person’s assets. In a difficult and emotional time such as this, it is important that your family have advice and guidance from experienced estate planners and lawyers like those at Silverman Law Offices.
People often make serious mistakes in their attempt to avoid probate court. In the articles below, we discuss several of these potential pitfalls, how to avoid them, and how to proceed if you should find yourself in an unfortunate situation.
Many of our clients choose a living trust-based estate plan in order to avoid probate. Probate is avoided when assets are titled in the name of a living trust, and not in the trust maker’s names personally. The trust is administered privately by the successor trustees. Once a living trust is created, we go through […]
Question: My former husband, Mel, recently passed away. He and I have two sons together, one of whom is a drug addict. Mel created a last-minute revocable trust and a document that is called a will, but it does not leave assets to anybody. It just appoints me as the personal representative of his estate. […]
Understanding Business Assets and Probate Question: My father recently passed away. His only asset of any value was his small manufacturing business Corporation. Is his business subject to probate? Answer: To answer your question I need to briefly answer a question that I am often asked, “What is probate”? Probate is the legal process used to […]
I recently received the following question from a reader of my Arizona Republic newspaper column: My mother recently passed away. She wrote a will, but to avoid probate she left her residence to my three siblings and me by a beneficiary deed, put her bank accounts into my name, and left a list for the distribution […]
[Download a PDF of this article: What to Do When Someone Dies] When a loved one passes away, it is an understandably stressful time. It can be even more stressful and/or traumatic trying to remember all of the details that must be taken care of related to a person’s death. If you are in charge of […]