Entries in the 'Probate Law Settlements' Category ↓

When an individual dies, a process begins in the legal system to verify the individual’s will, determine the extent of assets, pay off debts, and distribute the proceeds. Transfers of property in this manner is done through a process called probate.

Typically the individual named in the will as executor is responsible for managing the probate process. If an individual dies with a will, the court will decide who manages the probate process. Whenever possible, this is highly recommended. The probate process can be a lengthy one, particularly if a will is contested or there are questions regarding its authenticity. Assets can not be distributed to heirs until the probate process is complete. Some wills, particularly those of wealthy individuals, can get tied up in probate for years while heirs argue over the terms of the will and “what Daddy really meant.”

Estate planning involves the development of a will and determines where your assets will be distributed upon your death. Thorough estate planning and communication among beneficiaries can help to avoid a lengthy probate process.

Developments in probate and case law associated with this area can be found in this section.

Phillip A. Baumann is the principal in the law firm of Phillip A. Baumann, P.A. Mr. Baumann, one of the first Florida attorneys to be board certified as a specialist in the field of Wills, Trusts and Estates, is Past-Chair of the Florida Bar Elder Law Section. He has practiced estate, trust and elder law from his Tampa and Sun City Center offices for over 30 years.

Phil is also:

* Past President of the Tampa Bay Estate Planning Council;
* Past Chair of the Florida Bar Trust Law Committee;
* Member of the Executive Council of the Florida Bar, Real Property;
* Probate and Trust Law Section;
* Member of the Probate Law Committee and Past Member of the Probate Rules Committee of that Section;
* Fellow American College of Trust and Estate Counsel

He has spoken and written on estate, trust, and elder law matters for:

* The American Bar Association;
* The Bar Association of the City of New York;
* The Florida Bar;
* The West Pasco Bar Association;
* The Tampa Bay Estate Planning Council;
* Pinellas County Estate Planning Council;
* The Estate Planning Council of Northwest Florida
* The National Business Institute.

In 2007, “Florida Trend Magazine” named Mr. Baumann one of Florida’s Legal Elite, as elected by other Florida lawyers. Mr. Baumann has also had the Martindale Hubble Legal Directory’s highest rating of AV for many years. That rating is also conferred after surveying other Florida lawyers.

Mr. Baumann is married to Nancy S. Baumann, who operates a title insurance business serving the St. Petersburg and Tampa areas. They have three children ages 29-32, and one grandson.

Mr. Baumann serves on the Board of Directors of the Judeo-Christian Health Clinic, Inc. and MacDonald Training Center, Inc.

Keywords:  Tampa Will Lawyer , Probate attorney in Tampa , Estate Planning in Tampa Florida

One of the key aspects of preparing a Last Will and Testament involves the appointment of an Executor to administer the estate. Learning that you have been appointed as the Executor of a loved one’s estate can be overwhelming if you are not equipped with a thorough understanding of the duties and procedures ahead of you. A trusted probate attorney will ease your mind by both educating and guiding you through the position, from the application for admission of the Will to probate to resolution of the estate.

An Executor is an individual appointed by a person creating a Will (called a “testator”) to administer his or her estate at death. This means that the Executor will generally be the person to apply for the admission of the Will to probate, attend the probate hearing, receive letters testamentary, gather estate assets, and ultimately distribute those assets to the estate beneficiaries pursuant to the terms of the decedent’s Last Will and Testament.  Serving as an Executor is a fiduciary position that comes with a great deal of responsibility; therefore, for those preparing a Will, the decision as to who should serve in the role should be made with substantial consideration. Executors are liable to the estate beneficiaries, and may be challenged or removed upon a determination of misconduct.

The Lewisville probate attorneys at the Law Office of Dale A. Burrows, P.C. are available to discuss in detail the responsibilities of an Executor, including the particular steps that need to be taken and the order thereof. In general, the Executor’s responsibilities include collecting and securing estate assets, completing the Inventory, Appraisement and List of Claims, paying estate creditors, filing tax returns, paying taxes, and ultimately distributing the estate property pursuant to the provisions of the decedent’s Will.

Very often, testators choose to appoint their spouse as Executor, if they are married. Others will choose to appoint a child, a sibling, or other trusted relative. A person creating a Will will be afforded a great deal of latitude in selecting her Executor, with only a few intuitive categories of persons being declared off-limits by the state of Texas. For example, a probate court will rule that a person is disqualified from serving as an Executor if he or she is a convicted felon, incapacitated, a non-resident of Texas who has not appointed a registered agent in Texas, a corporation not authorized to act as a fiduciary in Texas, or any other person whom the court finds unsuitable.

Texas law does allow a testator to appoint an Executor who is not a resident of the state of Texas. However, such Executor must appoint a registered agent within the state of Texas to accept service of process for all matters relating to the estate, and he or she must file such appointment with the court.

If you have been selected as the Executor of an estate, it is of the utmost importance to thoroughly discuss your rights, duties and obligations with a qualified Texas probate attorney who will guide you through the Texas probate system and equip you with the knowledge necessary to competently and efficiently carry out your duties.

This article was provided by Ashley Flotte at the Law Office of Dale A. Burrows, P.C., a law firm also helping clients to file divorce in Lewisville, estate planning, criminal defense cases, and DWI’s.  Dale A. Burrows, P.C. is located at 702 S. Denton Tap Road, Suite 100 Coppell, TX Dallas & Denton.

The Pasadena probate attorneys of Morris & Smith represent clients involved in all matters of probate.  We work with our clients to ensure that all property is managed and processed in accordance with the law.

attorney fees for probate proceedings are fixed according to legal statute. Those fees are generally paid from the decedent’s estate at the end of the probate process. There are some other costs generally associated with probate administration a client should expect to pay during probate:

• Filing fees
• Publications fees
• Bond-posting fees

The goal of our probate practice is to help clients transition through this procedure as quickly as possible. We strive to find the right legal solution that allows our clients to emerge with their inherited property without dispute and unnecessary cost.

Our firm is staffed with a probate paralegal who assists our attorneys. This helps make more efficient any research and communications necessary for each case. Learn more about Pasadena Probate Law.

Contact 1-626-294-0880 for probate attorneys.

James M. Nardelli, of Parsons & Nardelli, graduated Phi Beta Kappa from Syracuse University and from Rutgers University Law School. He was a Law Clerk to the Hon. Robert O’Hagan, J.S.C. Admitted to practice law in 1988, Mr. Nardelli is a member of the:

• Monmouth Bar Association
• New Jersey State Bar Association
• American Bar Association

Mr. Nardelli’s areas of practice include:

When you need the help of a general practice or New Jersey probate attorney, contact Parsons & Nardelli, Attorneys at Law. They offer a free initial consultation regarding your probate dispute. Located in Red Bank, New Jersey, they work with clients throughout Monmouth, Ocean, and Middlesex counties.

Parsons & Nardelli, 151 Bodman Place, Red Bank, New Jersey 07701, 888-309-5589

Theodore D. Parsons, Jr. has been practicing probate law in New Jersey since 1961. He graduated from Princeton University and Dickinson School of Law, where he was a member of the Dickinson Law Review. He served as a Law Clerk to the Hon. C. Thomas Schettino, Justice of the New Jersey Supreme Court. Mr. Parsons’ practice areas are:

• Probate litigation
• Wills and probate
• Estate administration
• Estate planning
• Elder law

Mr. Parsons is a member of the following in the community:

• American Bar Association
• New Jersey State Bar Association (Chairman: Unauthorized Practice Committee, 1974-1975; Judicial Appointments Committee, 1981-1989)
• Monmouth Bar Association (Trustee, 1978-1983; Chairman, Judicial Appointments Committee, 19800-1981)

Mr. Parsons is dedicated to providing the highest quality legal services for all your New Jersey probate needs. Learn more about the Law Offices of Parsons & Nardelli.

Parsons & Nardelli, Red Bank New Jersey, (732) 842-6400