No, not all estates will require probate. Smaller estates (those below a certain value threshold) and assets with designated beneficiaries (such as life insurance or retirement accounts) or those held in a trust can often bypass the formal probate process.
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Probate Attorney in Fort Wayne
The legal and financial issues that arise after a person’s passing can feel overwhelming, especially after the loss of a loved one. Unfortunately, there are important legal and financial matters that will need to be addressed during this time. A probate attorney can help alleviate that burden by managing the estate during the probate process.
At The Bellinger Law Office, our dedicated probate attorney is here to answer all your questions and help with all your probate needs.
What is Probate?
Probate is the legal process that most estates must pass through after a person’s death in order to ensure that, after debts and taxes are paid, any remaining assets are divided properly according to state law. According to Indiana probate laws, not all estates must pass through probate, and in some cases, only a part of a person’s estate must go through the probate process. Probate can ultimately be a complex legal matter that is best delegated to an experienced probate attorney. A knowledgeable probate lawyer can identify what parts of a loved one’s estate must pass through probate, help resolve any issues that may arise, and manage every step of the legal process.
How a Probate Lawyer Can Help
A probate lawyer can help usher an estate through the Indiana probate process and handle all matters that may come up during the proceedings. An attorney can walk you and your loved ones through the process step-by-step so you know what to expect and an estimated timeline of the case. They can help identify and value all assets in the deceased’s estate as well as collect all important documentation.
A probate lawyer will file all the required paperwork with the court and attend all hearings during the probate process. They will handle all creditor claims in addition to communicating with insurance companies, financial institutions, governmental agencies, and others who have an interest in the estate. An attorney can file the final taxes on the estate and distribute the remaining assets according to the deceased’s estate plan.
Probate Litigation Concerns
Having an experienced probate attorney representing your interests is also critically important if there is a challenge to the estate during the probate process. Probate litigation can be complex, depending on the circumstances of your case. Common causes of probate litigation include creditor claims on the estate and challenges to the legality of the will. Accusations of undue influence, lack of testamentary capacity, fraud, or forgery can result in a trial about the veracity of the estate administration documents, and you need a knowledgeable attorney to protect your interests.
At The Bellinger Law Office, our lawyers have experience litigating many different types of Indiana probate claims.
Talk to Our Office Today
The passing of a loved one is never an easy process, but the probate attorney at The Bellinger Law Office can help ease the burden of the probate process. Whether you would like assistance with the legal process or have concerns about litigation, our team is prepared to zealously advocate for you. To learn more about the wide range of legal services offered to our probate clients, call the office or contact us today to schedule a consultation with our knowledgeable attorney.
FAQs About Probate in Indiana
What happens if a person dies without a will in Indiana?
The estate of an individual who dies without a will is considered “intestate.” Their assets will be distributed according to Indiana’s intestate succession laws, which prioritize the closest living relatives.
What is the difference between an executor and a probate attorney?
An executor (or personal representative) is the person named in the will with responsibility over the estate. A probate attorney can then guide the executor through the complex legal process of probate, handle court filings and resolve any legal issues that arise with professionalism and legal understanding.
How long does the probate process typically take in Fort Wayne?
The timeline can vary depending on the estate in question and relevant circumstances. A simple, uncontested estate might be settled in six to twelve months. However, if there are creditor claims, challenges to the will or other legal disputes, the process can take significantly longer.
What is "undue influence" in a will contest?
Undue influence occurs when a person in a position of power manipulates the will-maker, causing them to create or change their estate plan in a way that doesn’t reflect their true wishes. Proving this requires significant evidence, which an experienced attorney can help uncover.
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