Probate & Estate Administration | Legal Services

PROBATE

What is Probate?

Probate is a court-supervised proceeding that authenticates your Will (if you have one)

and approves your named Executor so he or she can distribute your property and belongings.
During the probate process, all your assets must be located and assessed for total value.

Once that is completed, taxes and debts are paid and the remaining value of the estate is distributed.

Before your loved one passed away, they may have executed a will to distribute their assets.

Upon the death of your loved one with a will, you are required by law to probate the will in court.

We will help you file and validate the will in court so that the executor or executrix designated can

carry out your loved one's wishes.

In cases where there is NO Will (meaning your estate is intestate), the process becomes more

complicated. Because there is no documentation stating your final wishes, it is up to the

courts to handle the determination of the heirs of your estate and the distribution of assets.

In addition, if your loved one did not execute a will, we can assist with applying to the Court for the

appointment of an Administrator for the estate.

What Does Not Have to Go Through Probate Court?

Certain assets and property will not go through probate. By properly planning, you can help avoid

probate for any of the following.

Items that have a Beneficiary named: Naming a Beneficiary on an asset means you can avoid probate. For
example, life insurance policies have named Beneficiaries, so proceeds go directly to them without having to go
through probate.
Items placed inside a Living Trust: Because a Trust owns the items inside it, when you pass away, anything in
your Trust can go to your Beneficiaries as specified by the Trust, thus avoiding the probate process.
POD (payable on death) or TOD (transfer on death) items: When you title property and assets such as bank
accounts, real estate, retirement accounts, stocks and vehicles with “POD” and “TOD,” you can bypass probate
and pay or transfer items directly to your noted Beneficiary. Note that some states do not allow real estate to be titled this way.
Jointly titled property (with Survivor’s Rights): Property titled jointly with Survivor’s Rights will automatically go to a Survivor after you pass. There is no need for the property to go through probate in this case.

Basic Estate Planning

When you meet with Nike Ladapo, an estate plan will be created which may consist of the following documents:

Will. A will is a document that states who receives your assets after you pass away, but until you pass away and go through probate, it is just a piece of paper.
Financial power of attorney. This document gives a trusted person the authority to act on your behalf should you become incapacitated. Depending on the scope of the power of attorney, that person could manage your bank accounts, buy and sell real estate, and generally deal with other people on your behalf.
Medical power of attorney. This gives someone the authority to make medical decisions for you if you cannot

make them yourself.

HIPAA release. This document grants the named person or persons the ability to access your medical information.

Book A Consultation

What is a will?

A will is a legal document that outlines a person's wishes regarding the distribution of their assets and the appointment of a personal representative (executor) to handle the administration of their estate after their death.
Can I write my own will?

While it is possible to write your own will, it is generally advisable to seek professional legal assistance to ensure that your will is properly drafted, valid, and compliant with the laws of your jurisdiction. DIY wills can be prone to errors or ambiguities that may lead to complications during the probate process.
How long does the probate process take?

The duration of the probate process can vary depending on the complexity of the estate, the presence of disputes or challenges, and the efficiency of the court system. It can range from several months to more than a year.
Do all estates go through probate?

Not all estates are required to go through probate. The necessity of probate depends on factors such as the size of the estate, the type of assets owned, and whether there are valid beneficiary designations or joint ownership arrangements in place.
Can a guardian be appointed for someone who is still competent?

No, a guardian is typically appointed for individuals who are deemed legally incapacitated or unable to make decisions on their own. Competent individuals have the legal right to make their own decisions and manage their affairs without the need for a guardian. Guardianship is typically reserved for situations where a person lacks the mental or physical capacity to make informed decisions or protect their own interests. However, it's important to consult with a legal professional to understand the specific laws and regulations regarding guardianship in your jurisdiction, as they may vary.
How long does the Guardianship process take?

The duration of the guardianship process can vary depending on various factors, including the jurisdiction, complexity of the case, and any potential legal challenges. In general, the guardianship process can take several months to complete.
Can a Guardianship be contested?

Yes, a guardianship can be contested by interested parties who believe that the appointment of a guardian is not in the best interest of the alleged incapacitated person or if they have concerns about the proposed guardian's suitability. Common reasons for contesting a guardianship may include: Lack of incapacity: Contestants may argue that the alleged incapacitated person is not actually incapable of managing their own affairs and therefore does not require a guardian. Unsuitability of the proposed guardian: Interested parties may challenge the suitability of the proposed guardian, claiming that they are not qualified or suitable to fulfill the responsibilities of a guardian. Conflict of interest: Contestants may argue that the proposed guardian has a conflict of interest that could negatively impact the welfare or rights of the alleged incapacitated person. Less restrictive alternatives: Interested parties may suggest that there are less restrictive alternatives to guardianship, such as the appointment of a limited guardian or the implementation of supportive decision-making arrangements. Contesting a guardianship typically involves filing a formal objection with the court and presenting evidence to support the objection. The court will then evaluate the merits of the contestation and make a decision based on the best interests of the alleged incapacitated person. It's important to consult with an attorney experienced in guardianship law to understand the specific requirements and procedures for contesting a guardianship in your jurisdiction.
What happens if a Guardian fails to fulfill their responsibilities?

If a guardian fails to meet their legal obligations as ordered by the court, an interested party can petition the court to review the situation. If the court finds that the guardian is not acting in the ward's best interests, they may remove the guardian and appoint a successor guardian.
Can more than one person serve as a Guardian?

Yes, in some cases, the court may appoint co-guardians who share the responsibilities of guardianship. This arrangement can provide additional support for the ward and help ensure their well-being.
Can a Guardian be compensated for their services?

Depending on the jurisdiction, a guardian may be entitled to receive reasonable compensation for their services. This compensation is typically paid from the ward's estate, and any fees must be approved by the court.
How can I revoke or change a Guardianship?

To revoke or change a guardianship, you must petition the court and demonstrate that there has been a significant change in circumstances that warrants the modification or termination of the guardianship. The court will then review the case and make a decision based on the best interests of the ward.
How do I choose the right guardian for my child or loved one?

When choosing a guardian, consider factors such as the potential guardian's relationship with the ward, their ability to provide a stable and loving environment, their willingness to take on the responsibility, and their physical, emotional, and financial capabilities. It's important to have open discussions with the potential guardian to ensure they are prepared and willing to take on the role.
How much does adoption cost?

Adoption costs can vary significantly depending on the type of adoption and the services provided by adoption agencies or professionals. Costs may include application fees, home study fees, legal fees, travel expenses, and post-placement fees. It is advisable to inquire about the specific costs involved with the adoption agency or professional you are working with.
What are the age requirements for adopting a child?

Age requirements can vary depending on the jurisdiction and the type of adoption. While there may be a minimum age requirement, there may not be an upper age limit, as long as the adoptive parents are deemed physically and mentally capable of caring for a child.
Can single individuals adopt?

Yes, in many jurisdictions, single individuals are eligible to adopt. Adoption agencies and professionals consider the individual's ability to provide a stable and loving home for a child, regardless of their marital status.
Is it possible to adopt a child from another country?

International adoption is a possibility, but the process can be complex and varies depending on the country involved. Research the specific requirements and procedures for international adoption in your country of residence.
Can I choose the gender or age of the child I wish to adopt?

The degree of choice in terms of gender or age depends on the type of adoption and the availability of children. Some prospective adoptive parents may have preferences, but it is important to be open to considering children who need a loving and supportive home, regardless of their gender or age.
What rights do birth parents have in the adoption process?

Birth parents typically have the right to make decisions regarding their child's adoption, including choosing the adoptive parents and whether they want to have ongoing contact through open adoption arrangements. However, the extent of these rights can vary depending on the jurisdiction and the specific circumstances of the adoption.
Can I adopt if I already have biological children?

Yes, having biological children does not usually disqualify someone from adopting. Adoption agencies and professionals consider the dynamics of the existing family and the ability to provide a supportive environment for all children.
How long does it take to be matched with a child?

The length of time it takes to be matched with a child can vary widely. It depends on factors such as the type of adoption, the specific requirements or preferences of the adoptive parents, and the availability of children who meet those criteria. The matching process can range from a few months to several years.
What support services are available after the adoption is finalized?

Many adoption agencies and organizations provide post-adoption support services, including counseling, support groups, educational resources, and access to community networks of other adoptive families. Inquire about the post-adoption support services available to you.