Our next series of blogs will center around the concept of estranged beneficiaries. How they factor into the probate process largely depends on whether there is a will and when the will goes through probate. Today, we will look at the scenario of someone passing away with a will that is probated shortly after their passing. In future posts, we will explain how the process differs when a will is probated more than Read More

A common misconception is that creating a will is an estate plan. Instead your will is only a piece of the plan. When you work with a qualified, experienced estate planning attorney, you will learn that your plan should include documents that address your specific needs. This may include both common documents such as Powers of Attorney and some documents that are designed to address specific or less-than-common Read More

After drafting a plan with your attorney or dealing with a loved one’s estate after passing away, you will appreciate the importance of titling assets. When a person passes away having only completed a will (or nothing at all), their assets will be subject to probate. Previous blogs explained the probate process when you pass away with and without a will. Though we are not here to discuss the probate process, one Read More

One of the most common excuses people use to avoid estate planning is that they simply don’t have enough assets to justify the cost of creating a plan. Estate planning encompasses more than just your assets as you will name guardians for your children. However, people often have more assets than they realize. For example, how much money is tied up in your 401(k), IRA, or life insurance policy? When you meet with an Read More

There is a need for ancillary probate when you own property outside your state of residence at the time of your death. When a Montana resident has separate property in Texas, probate must be completed in both states. Ancillary probate is required for the transfer of ownership to occur. It is important to note that this extends to any residential property. For example, you could own a second piece of real estate as a Read More

Last month, we discussed the probate process when the deceased had prepared a valid will. If you need to get caught up, you can read that article here. Before we begin, it is essential to reiterate that having a will doesn’t allow you to avoid the probate process. Having it makes the process easier, but it doesn’t prevent it. After reading our last blog, we hope you understand the importance of meeting with an estate Read More

Sometimes people do not understand how important estate planning is until they have experienced the passing of a loved one who hasn’t done any. During this emotional and stressful time in your life, you have to deal with the probate process's complexities, which could take up to a year or more. Most of the person’s assets will have to pass through probate before any of the beneficiaries have access. Here are some Read More