Wills
Law Office of Rick J Deal can assist you with preparing a Last Will and Testament to instruct the Administration of your estate once you have passed, alleviating some of the stress from your family and friends on what specific bequests you wanted to make (property left to a specific person). There are many considerations in drafting a Last Will that could limit contests, discord, and misunderstandings from happening during the time after you pass. Additionally, certain formalities exist that are required in order to make the probate of your Last Will easier and not subject to contest. We can handle drafting your Simple Will and offer such service at either an hourly rate or by Flat Fee, which is dependent on how Simple or Complex the Last Will should be. We also offer additional services to go along with the Last Will, including a Advanced Medical Directive (Living Will), Medical and/or Financial Power of Attorney, and HIPAA Release Form. Call us today to schedule a Free Consultation to see if we can provide this valuable service to you and your loved ones.
Probate
Law Office of Rick J Deal can assist you with probating your loved ones Estate, whether your loved one had a Last Will and Testament or dies Intestate (without a Will). There are several ways to probate a loved one's Estate, but the primary ways requiring Court action include a Standard Probate of the Estate as an independent administration, Probate of the Estate as a dependent administration, Muniment of Title, or by way of a Small Estate Affidavit. There are certain requirements that must be met to probate the estate under each avenue.
Probate of the Estate as an Independent Administration:
In order to probate an estate as an Independent Administration, the following must be present:
1. The Decedent must have had a valid Last Will.
2. The Will must have identified the person to act as the Executor and state that the Decedent wanted them to act independently, or all heirs under the Will must agree that a specific person act as the Administrator and state that they wish the Administrator to act independently.
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Probate of the Estate as a Dependent Administration:
Should the Will fail to identify a person to act independently as the Executor and the heirs under the Will fail to agree to an Administrator and/or fail to agree that any such person should act independently, the Court will appoint an Administrator and provide oversight of many actions of the Administrator. This type of Administration is usually the most costly due to the amount of additional work required by the attorneys in representing a Dependent Administrator, filing potential protests, and attending additional hearings.
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Probate of the Estate as an Muniment of Title:
In order to probate an estate as a Muniment of Title, the following requirements must be present:
1. The Decedent must have had a valid Last Will.
2. There must be no other debts other than those secured by an interest in Real property.
3. The Decedent must not have received Medicaid benefits after March 1, 2005.
4. There must be no need for Administration of the estate, since there is no Administrator appointed in this type of Probate.
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Probate of the Estate under a Small Estate Affidavit:
An estate may be probated under a Small Estate Affidavit if the following conditions are present:
1. There is no valid Last Will.
2. At least 30 days have passed since the death of the Decedent.
3 No person has filed an application to be appointed as the personal representative of the Estate.
4. Non-exempt assets are more valuable that all debts owed by the Decedent.
5. The gross value of all non-exempt property of the Decedent is less than $75,000.
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In determining the proper way to probate your loved one's estate, we will review the Will, if there is one, and discuss the options and fees associated with each method that is available. Call us today to set up an appointment to review your case.
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Wills
