Death, while inevitable, is a topic that most people avoid. Even those who have developed a plan for their estate may have assets or liabilities that will still require attention after they pass away. Common examples include: paying taxes, settling debts, gathering the assets and determining proper distribution. Often times, these responsibilities are left to […]
Author Archives: Dickson Frohlich Philllips Burgess
When you think of going to court, you likely think of doling out thousands of dollars in legal fees and costs. For this reason, you may assume that probate is always expensive and you may even be worried that it will significantly diminish the value of the estate. The truth is that probate does not […]
The law in the state of Washington requires any existing last will and testament to be filed with the courts. However, simply because a will is filed does not mean that the document will dictate the distribution of the estate. In some cases, family members or others may question the validity of the will for […]
There are several reasons why some individuals prefer to avoid the probate process. To many individuals, probate is a slow, tedious process that generally takes a very long time to complete, depending on the state. Probate can also be a very costly process. Additionally, because probate is handled in court, and court matters are public […]
In Washington, probate may be necessary when: 1. A person dies leaving property in his or her own name (such as a house titled only in the name of the decedent) or having rights to receive property, without a designated beneficiary 2. The estate is worth over $100,000. Essentially, the only assets that are subject […]
The probate process is the process where your beneficiaries and executor have to prove that your will is valid. During the probate process, a court considers the many legal aspects of the will, including if it was legally created. Specifically, what is being proved is that: The Will Was signed by its maker (its […]
Probate laws are designed to protect the rights of heirs and creditors and to assure the orderly collection, preservation, and transfer of property. In order to ensure that the Decedent’s bills are paid and Decedent’s property is accounted for, transferred to, and retitled in the names of Decedent’s Beneficiaries, it is important to prove your […]
A letter of probate is a legal document that gives the executor the right to control the assets of a deceased persons estate. Letters are the document issued by the Court evidencing its appointment of the Personal Representative: If Decedent died testate, the Letters are known as Letters Testamentary. If Decedent died intestate (technically, […]
What is Probate? Probate is the process through which the estate of a decedent that has passed away with or without a will is administered. Common issues that are addressed in the probate process include transferring assets to beneficiaries, paying the debts of the estate, establishing the validity of a will,1 and paying any taxes […]
Intestate means that one has died without creating a will. When this happens, the intestacy laws of the state where you reside will determine how your property is distributed upon your death. This includes any bank accounts, securities, real estate, and other assets you own at the time of death. Real estate owned in a […]