Reason Why You Need an Estate Attorney to Help Administer a Will
A common situation in estate planning is where a parent has chosen, in their Will, to have one of their children act as Executor – take on the responsibility of Probating and meeting the wishes expressed in that will. The Executor may consider seeking estate attorney assistance with the probate administration process. The question that arises in their minds is: “Do I Need an Estate Attorney to Handle My Parent’s Estate?”
The answer to whether you need estate attorney assistance in settling an estate is different for every estate. The quantity, value and location of assets in every case is different. Further, each Executor is different, with different levels of knowledge and available time for each person. Therefore, it is each Executors duty to decide whether they can properly handle their role.
Here are some factors to consider when deciding if you, as Executor, can handle the estate on your own, or whether you need an estate attorney:
- Is it likely that the validity of the Will is going to be challenged?
- Does the Executor want the responsibility?
- Does the Executor have available time to handle the process?
- What is the value of the estate? A simpler Probate process is available for Estates with a total value less than $40,000.
- Are there a lot of assets? Multiple Bank accounts, multiple real estate properties, lots of cars can take a lot of time to take control of.
- Are there unusual assets? Assets such as firearms need special care.
- Are some assets, such as real estate, held in common with other tenants.
- Is the Executor prepared to process and handle complex tax issues?
In probate administration, where Estates can be worth lots of money, mistakes that lead to angry beneficiaries can result in financial liabilities for the Executor. While it may not be necessary in all case, it is always a good idea to hire an experienced estates attorney to assist in resolving legal matters and limit personal liability as executor.
If you are an Executor and need an estate attorney to help with administering an estate, contact The Law Office of Eugene Glouzgal for a free consultation. Let us show you why we are the right estate attorney to help settle your loved ones estate.
If you found the will of somebody who has passed away, or “Testator”, such as a friend or family member, you need to make sure the will makes it into the hands of the proper authorities.
If you are the “Executor”, or the person specifically chosen in the will to probate it, you need to deliver the will, within 30 days of the Testators death, to the proper Probate Court. The proper Probate Court will be dependent on the location of the domicile of the Testator at the time of their death.
If you are not the named Executor and are in possession of the will, you should deliver it to the named Executor or the Probate Court within 30 days of discovering the will or if you were holding the will for the Testator, within 30 days after becoming aware of their death.
There may be criminal penalties for failing to deliver a will to the respective parties.
If you need to bring a will to probate in Fairfield County, contact The Law Office of Eugene Glouzgal, LLC. We can handle Probate matters on behalf of the fiduciaries who would otherwise have the responsibility. We charge reasonable fees and often differ our fees until the estate is settled, so there is no out of pocket expense.
If a loved one has passed away, whether they left a will or not, their estate will need to be settled through Probate Court. Probate Court allows for the admission and authentification of wills, and then appoints administrators and conservators to make sure the wishes of the decedent, or the intestacy laws of the State of Connecticut, are followed.
If you are a named beneficiary, a named administrator, or are challenging a will, you will need to have a high level of involvement with a Probate Court so that your interests are protected.
The first question you will ask yourself is; Which Probate court do I attend?
Connecticut has 54 separate Probate Court districts, each of which covers anywhere from 1 to 9 towns. The districts, and the towns that they service, can be found by visiting the Probate Court website.
While the Probate Court process can be navigated by individuals themselves, the process is long and complicated. It is time consuming and mistakes can make the process last much longer. A knowledgeable and accurate estate attorney can make the probate process far less painful than it has to be, and fees can be differed until they are paid from the Estate. If you need representation in an estate or probate matter, contact us today.
Once you realize that you need a will to dispose of your assets in the way you seem fit, you will ask yourself “Do I need a lawyer for a will?”. You may be considering using an online legal aid website, or even just writing down your wishes yourself. There are two big reasons you need a wills attorney to help write your will: planning and enforceability.
The first reason you need an attorney to help write your will is planning. The attorney can guide you to making a proper and exhaustive list of your property for inclusion in the will. They can counsel you to identifying the list of family members, friends, and organizations that you wish to provide for after your death. Finally, they can assist with decided how you should go about using your assets and property to provide your desired level of support for each individual or institution.
The second reason you need an attorney to help you write a will is enforceability. Connecticut has it’s own precise laws about will enforceability.Missing one of the strict requirements, for example number of witness and even color of signing ink, can make the entire will unenforceable. Further, there are certain things your are forbidden by law from being in your will. Attempting to do certain forbidden things with your property will either get your wishes nullified, or could even make the entire will unenforceable.
If you want to make a thorough and exhaustive plan and be sure that your wishes are honored, you should seek the help of a wills attorney.
Especially when they become young parents it is common for people to ask, “Do I need a Will?“.
First, you need to understand what happens if you die without a will. If you die without a will, it is called dying intestate. In that case, Connecticut Intestacy statutes take over, which comprise parts of §45a in the Connecticut General Statutes. These Statutes are long and complicated and depending on factors such as marriage status and number of children, the State regulates how your property is distributed. If you have no family and no will, your property escheats, or goes directly to the State of Connecticut.
Having a will lets you control your legacy. For young parents, it is a great way for them to outline a support structure, and even custody arrangements, for their children. For older adults, it is the right way to dispose of a lifetime of property and provide for their loved ones. For those without family, it allows for you to provide for foundations are charities you deem to be deserving. In a will, you can:
- Stipulate who gets what amount of money
- Create trusts for the long term support of family members
- Give personal property to friends and family
- Provide funding to charities and foundations
- Set up care procedures for beloved pets
- Provide for creation of foundations and scholarships
- Cut people out
While there are some regulations that limit what you can do in your will, the possibilities for disposing of your personal property are plentiful.