Probate

The probate process can be an important part of your Estate Plan. There are steps that can be taken to avoid probate, but avoiding probate may cause more trouble and expenses than going through the probate process.

Administration of an estate plan through probate involves three phases: (1) inventorying and appraising the assets (including business interests) of the estate; (2) using the assets to pay debts (including any public assistance liens), taxes and expenses of administration; and (3) distributing the property as directed in the will, or trust, or by statute if there is not a will.

Sometimes, despite your best efforts, estate disputes can arise. Wills can be contested on a number of grounds, for example, claims of undue influence, lack of mental capacity, duress and fraud. Personal representatives, trustee or fiduciaries can be challenged. Ideally, these claims can be settled by negotiation, mediation or arbitration. If necessary, we stand ready to go to court or to handle your appeal.

We work closely with you and your family, public and private benefits providers, employers, business partners, professional services providers, fiduciaries and charitable organizations to make sure that distribution of your estate – as an important component of your Estate Plan – meets your unique personal and financial objectives.

Attorneys

Robert L. Sagrillo | Henry. M. Kohnlein

info@sagrillokohnlein.com