After a loved one dies, there are some practical matters that must be tended to even while dealing with grief and loss. In addition to closing accounts and transferring assets, it might be necessary to change legal title to property such as real estate and cars. I can help guide you through this process.
If the estate is valued at less than $100,000, it might be possible to administer the estate using a Small Estate Affidavit
. It’s important to make sure that the deceased person did not have debts in excess of their assets before executing and using a Small Estate Affidavit
The formal court process for estate administration is called Probate
. In probate, a Judge authorizes an Executor or Administrator to transfer and dispose of the deceased’s property and assets, with or without supervision, in accordance with the terms of the deceased person’s will or, if the deceased had no will, in accordance with the rules prescribed by law. In most cases, this is a formality so that the Executor has the legal authority to wrap up the deceased’s estate. Various documents need to be filed with the Court, and there are some hearings, but there usually isn’t any litigation.
If the deceased person had their assets in a Trust
, the terms of the Trust Agreement dictate what happens to the assets owned by the Trust. The trustee, the person named in the Trust Agreement to have authority over the trust assets, must act in accordance with the terms of the Trust Agreement.
Frens Elder Law & Estate Planning has placed the information on this website as a service to the general public. Use of this website does not in any manner constitute a client-attorney relationship between Frens Elder Law & Estate Planning and the user. While the information on this site is about legal issues, it is not intended as legal advice or as a substitute for the particularized advice of your own counsel. Anyone seeking specific legal advice or assistance should retain an attorney. This website could include inaccuracies or typographical errors. The materials on this website do not constitute legal advice, do not necessarily reflect the opinions of Frens Elder Law & Estate Planning or of Attorney Stacia Frens, and are not guaranteed to be correct, complete, or up-to-date. The articles and information on this website are provided as is without warranty of any kind, either express or implied.
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