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...]
Fast Facts About Indianapolis Probate
Indianapolis probate needs to take place after most deaths. If you are planning ahead for what happens after you pass away, you need to know about Indianapolis probate. If your loved one has died, you also need to know about the probate process so you are fully prepared for what you can expect after the death has occurred. Frank & Kraft can help. We know the ins-and-outs of probate law and we can provide representation during the estate planning process to help you decide if you want to … [Read more...]
Why Would You Want to Avoid Carmel Probate?
The Carmel probate process takes place after most deaths. However, there are circumstance where probate could be avoided if the deceased made plans in advance so probate would not be necessary. There are many reasons why you might wish to make these plans so your heirs or beneficiaries can avoid probate. And, if you stand to inherit, there are also many reasons why you would likely prefer to avoid probate if you do not have to go through this process. Frank & Kraft can provide you with … [Read more...]
Benefits of a Simple Probate Avoidance Trust
A simple probate avoidance trust is a trust that an elder law attorney can help you to create so you are able to facilitate the transfer of your assets outside of the probate process. Many people could benefit from the creation of this type of trust, so don't assume that a trust won't help you unless you have a ton of wealth to pass down to heirs or beneficiaries.Frank & Kraft can provide you with guidance on whether a simple probate avoidance trust would be a useful tool to include as … [Read more...]
Who Should Have a Probate Lawyer
Indianapolis probate attorneys can help to make the probate process when someone has passed away and assets must be transferred in probate court. The probate process can be time consuming and costly, and many people find it to be stressful. This is why so many people make an estate plan to try to avoid the probate process so their heirs or beneficiaries can inherit more quickly outside of court. Unfortunately, if your loved one has passed and plans have not been made to avoid probate, you will … [Read more...]
Top Reasons Trust Administration is Better Than Probate
Carmel probate lawyers can provide help facilitating the transfer of assets during the probate process. As Investopedia explains, this process can be a lengthy and expensive one. An executor of an estate has many responsibilities during the probate process and heirs or beneficiaries also need to make sure that they are monitoring the process careful and that the executor is living up to his fiduciary duty. Both the executor and those who stand to inherit should have legal help. Frank & … [Read more...]
