Passing of a Loved One
Helping to Lessen
the Burden of Loss
When you lose someone you love, there are a lot of difficult decisions to make. Our team provides a kind heart and informed advice. Whether you’re receiving assets, carrying out a loved one’s wishes, or figuring out what to do without an estate plan, probate, or taxes, AlerStallings can help you make the best decisions for your family. So, you can focus on celebrating your loved one’s life.
Schedule a free meeting with one of our experts to learn more.
Helping You
Know What to Do
You may not know where to start, but we can help. No matter what attorney wrote your loved one’s will, AlerStallings can help you work through what’s next. Our team can help reduce the stress that comes with handling a family member’s affairs. We have the experience to help you begin the process, figure out if a will is valid, and understand what trust administration requires. Plus, unlike some firms who charge based on your loved one’s assets, we bill based only on the work we do.
Taking Care of What’s Next
When you’re coping with loss, it may be difficult to also cope with handling wills, trusts, taxes, and more. Our team can work with you to take the right steps, ensure no mistakes are made, and deal with other issues.
This may include:
If there’s an estate plan, we can help you follow your loved one’s instructions.
If there is no estate plan, we can work with you to make decisions based on what you and your family think your loved one would have wanted.
Be sure a person you trust has the ability to make important decisions for you if you can’t.
If you think you should have inherited assets or that there’s a problem with the will, we can help you make your case.
If you’ve been named a trustee, we can help you make sure assets are cared for and transferred to the right people.
Helping You
and Your Family
For more than 10 years, we’ve focused exclusively on estate planning and elder care law.
In that time, we’ve helped thousands of people get through emotional situations.
And we continue to stay committed to helping families handle the legal issues that occur when a loved one passes away.
Feel Free to Ask Questions
Having questions is not only common, it’s expected. With that in mind, we put together a list of some of the questions we get asked most often. If your question isn’t here or you’d like to talk, please get in touch.
Probate is the court and process that looks after people who cannot make their own personal, health care and financial decisions. These people fall into three general categories: Minor Children (under age 18 in most states); Incapacitated Adults; and People who have died without legal arrangements to avoid probate. Probate proceedings can be expensive and time-consuming. Additionally, the court proceeding and associated documents are all a matter of public record. Many people choose to avoid probate to save money, spare their heirs a legal hassle, and keep their personal affairs private.
Probate begins when the will of a deceased person is given to an attorney. Sometimes, attorneys even keep the original at their office. The attorney then delivers it to the judge at the county courthouse and the legal process begins. Legal notices are then placed in the newspaper notifying creditors of the deceased’s passing and that claims on the estate may be filed. Then you wait six months, hopefully. The forms and trips to the court finally stop and the case can be closed. An AARP nationwide study found that probate proceedings cost 5-10% of the estate’s value. Shockingly, with proper planning this entire process can be completely avoided with the right attorney. Choose wisely.
Each case and county court is different. Some of the length is based on the type and amount of assets involved. At a minimum, it takes around six months, and the average length is about 11 months. That being said, it could take multiple years if you run into problems. Choose your attorney wisely.
Any assets owned and titled in the name of the decedent at death will probably need to be probated. So be careful and plan ahead because that includes all assets passing via your Will too.