Tag: PROBATE LAWYERS

  • #62 PROBATE LAWYERS Buyer Checklist You Need To Know Before You Spend Your Money. 60 Buyer-Beware Intelligence Points.

    Legal Information Notice: This checklist provides general educational information only. It is not legal advice, does not create an attorney-client relationship, and may not apply to your jurisdiction or circumstances. Laws and deadlines vary. Do not rely on this checklist for a specific legal decision or deadline; consult a qualified attorney licensed in the relevant jurisdiction.

    “Probate isn’t just paperwork—the wrong process can turn an estate into a much larger problem.”

    1. ☐ Don’t assume probate is always required.
    2. ☐ Don’t assume every asset passes through probate.
    3. ☐ Verify the applicable state procedure.
    4. ☐ Identify all assets first.
    5. ☐ Identify all beneficiaries.
    6. ☐ Locate the original will.
    7. ☐ Identify debts.
    8. ☐ Identify taxes.
    9. ☐ Identify jointly owned property.
    10. ☐ Identify beneficiary-designated accounts.
    11. ☐ Don’t distribute assets prematurely.
    12. ☐ Don’t ignore creditor issues.
    13. ☐ Don’t ignore estate expenses.
    14. ☐ Verify executor authority.
    15. ☐ Understand attorney compensation.
    16. ☐ Ask whether fees are hourly or otherwise calculated.
    17. ☐ Ask what tasks are included.
    18. ☐ Track deadlines.
    19. ☐ Maintain estate records.
    20. ☐ Don’t mix estate and personal funds.
    21. ☐ Don’t sell estate assets without authority.
    22. ☐ Document distributions.
    23. ☐ Get professional tax advice where needed.
    24. ☐ Understand when the estate can close.
    25. ☐ Don’t treat informal family agreements as substitutes for legal authority.

    Premium Checklist

    1. Estate Intake

    ☐ Death certificate.
    ☐ Will.
    ☐ Trust documents.
    ☐ Asset inventory.
    ☐ Debt inventory.
    ☐ Beneficiary information.

    2. Probate Determination

    ☐ Identify probate assets.
    ☐ Identify non-probate assets.
    ☐ Determine applicable court process.
    ☐ Determine whether simplified procedures apply.

    3. Executor Review

    ☐ Confirm appointment.
    ☐ Understand fiduciary responsibilities.
    ☐ Establish estate account.
    ☐ Create transaction log.

    4. Creditor & Tax Review

    ☐ Identify debts.
    ☐ Identify potential claims.
    ☐ Determine tax filings.
    ☐ Preserve documentation.

    5. Distribution

    ☐ Confirm authority.
    ☐ Verify beneficiaries.
    ☐ Calculate distributions.
    ☐ Document transfers.

    6. Closing Audit

    ☐ Required filings complete.
    ☐ Taxes resolved.
    ☐ Claims resolved.
    ☐ Assets distributed.
    ☐ Final accounting complete.