When a loved one passes away, we typically focus on the emotional impact of that loss during the immediate aftermath. Someone, however, must also focus on the legal steps that need to be taken following a death. If that person is you, and you have never before been in this position, you likely don’t know where to begin. A Carmel Probate attorney at Frank & Kraft explains some of the most common legal steps that must be taken following the death of a loved one. Who Is in Charge? Often, the … [Read more...]
How Do I Know If I Need to Probate My Mother’s Estate?
If your mother recently passed away, you are undoubtedly mourning her loss. The last thing you probably want to focus on is probating her estate. Someone, however, needs to do so. If it appears as though you are the one who will need to take control of the administration of your mother’s estate, one of the first decisions you need to make is to decide whether formal probate is necessary. It is always best to consult with an experienced probate attorney when making such an important decision. In … [Read more...]
If a Beneficiary Dies During Probate What Happens to the Inheritance?
Probate can be a complex and complicated process under the best of circumstances and when everything goes as planned. Things don’t always go as planned though. For example, a beneficiary could also pass away during the probate of an estate. An Indianapolis probate attorney at Frank & Kraft explains what happens if a beneficiary dies during the probate of an estate. What Happens During Probate? To understand the impact a beneficiary’s death might have on the probate of an estate, you must … [Read more...]
What Happens If Someone Contests a Will?
When a family member passes away, the time period that follows is one filled with grief and a variety of other strong emotions. There are also a number of practical and legal steps that must be taken following a death. Among the most important of those is probating the decedent’s estate which begins with submitting the decedent’s Last Will and Testament to the appropriate court. The terms of that Will provide a roadmap for the distribution of the decedent’s assets. What happens, however, if … [Read more...]
Ways to Avoid Probate
Your estate plan will likely attempt to achieve several important goals and objectives. For many people, one of those important goals is avoiding probate. Whether you want to avoid probate because of the cost, the time it takes, or simply because you prefer the details of your plan to remain private, you will need to incorporate probate avoidance tools and strategies into your overall plan to ensure that your goal of keeping your estate out of probate. To get you started with your probate … [Read more...]
Carmel Probate Steps for the Beginner
When a loved one passes away, the survivors go through a period of mourning that is typically marked by grief and other strong emotions. For one person, however, the mourning process must give way to the legalities of the decedent’s death. Whoever was appointed as the Executor in the decedent’s Last Will and Testament must find a way to focus on the administration of the decedent’s estate, a process referred to as “probate.” If you find yourself the Executor of the estate of a recently deceased … [Read more...]
What Happens If a Prenuptial Agreement Clashes with a Will?
When a spouse passes away, the legal steps that must be taken afterward can be exhausting in light of the grief you are also experiencing. In a perfect world, the decedent’s Last Will and Testament is submitted to the court for probate and his/her assets are eventually distributed to the beneficiaries named in that Will. What happens though, if you entered into a prenuptial agreement with your spouse prior to your marriage and the terms of that agreement now clash with the terms of the Will … [Read more...]
Is Probate Necessary in Indiana?
When a family member or close friend passes away it is usually difficult for surviving loved ones to see past their grief. Someone, however, must focus on the practical and legal ramifications that accompany death. If you recently lost someone close to you and you find yourself contemplating those practical and legal ramifications, one of the first of them will undoubtedly involve the potential need to probate the estate. More specifically, you will need to know if probate is necessary in … [Read more...]
Can I Contest My Father’s Will?
The loss of a parent is not something for which you can ever truly prepare. If you recently lost your father, you are undoubtedly going through a period of grief and heightened emotions. Along with working through the emotional aftermath of your loss, you will also be faced with practical and legal issues relating to your father’s death. The administration of your father’s estate, for example, should begin shortly after his death. If your father left behind a Last Will and Testament, that … [Read more...]
Is Probate Necessary When a Spouse Dies in Indiana?
The period of time following the loss of a spouse can be agonizing. There is simply no way to truly prepare for such a loss, even if your spouse’s death was foreseen due to injuries or illness. If the death was sudden and unexpected it can be even harder to accept. As a surviving spouse, the last thing you probably want to focus on is the legal ramifications of your spouse’s death; however, someone will need to begin the probate of your spouse’s estate as soon as possible. Given the fact that … [Read more...]
