Schererville Probate Attorneys
Assistance with Complex Legal Matters
If a close relative of yours has recently passed away, handling posthumous affairs can quickly become overwhelming. You are responsible for many different things, all in the midst of your grief. Probate is a complicated area of the law and navigating this on top of everything else can feel like an insurmountable task.
Thankfully, Tauber Law Offices is here to guide you. We can help you understand the complexities of probate law and will go through every step of the legal process with you to ensure your loved one’s estate is handled according to their wishes. Contact us today to discuss the details of your case.
What is Probate?
Probate is the process through which the elements of an estate are considered in court. The main issues that are handled in probate court are determining whether or not a will is valid and distributing the deceased person’s assets to their heirs and beneficiaries. The probate process is essential for ensuring the decedent’s wishes are met.
If a person dies without a will — which is also known as dying “intestate” — a probate court will determine who is responsible for their estate and how their property will be handled. Typically, estate representatives are identified in wills, but without a will, this person is chosen by the probate court. The process will be conducted in a way that is similar to the usual probate process, but without a will and the decedent’s true wishes to guide the proceedings.
Do All Estates Need to Go to Probate?
Not every estate needs to be considered in probate court, and not every asset in an estate needs to enter probate.
If an estate is valued at less than a certain amount (generally defined by state law), the probate process is not necessary. In Indiana, estates that are valued at $50,000 or less do not need to go through the probate process. The personal representative of such an estate can simply distribute the assets accordingly and/or heirs can communicate with banks and other property owners about their inheritance (usually, this is done by providing an affidavit).
If the deceased co-owned assets or had certain assets that do not need to go through probate, the process can be avoided for those assets.
A person who owns a home together with their spouse would not need to go through the probate process to determine ownership of the home if their spouses passes away. Instead, the surviving spouse would become the full owner of the property.
Life insurance benefits and retirement savings are types of assets that can be passed down to beneficiaries without probate. There are certain types of trusts that protect estates from the probate process as well. Living trusts, for example, can avoid probate court, so any assets held in a living trust do not need to enter this process.
How a Lawyer Can Help with the Probate Process
Our legal team is here to help you through the probate process. We can also help you determine if probate is even necessary for your loved one’s estate and advise you on crafting an estate plan that can allow your loved ones to avoid probate court in the event of your death. The probate process can be complicated and having an attorney on your side is a valuable resource. Our legal team can support you, answer any questions you have, and work to close out your family member’s estate in the way they would have wanted. Allow us to handle the probate process while you focus on spending time with your family and honoring your loved one.
Contact Us Today
At Tauber Law Offices, we can provide the legal guidance you need in the aftermath of a loved one’s death and assist you with all estate planning matters. For informed insight into your case, reach out to our probate lawyers in Schererville today.