Renouncing or Disclaiming an Inheritance

Have you heard of someone disclaiming their inheritance and wondered what that means and why they would do so? There are times and reasons when an heir or beneficiary wishes to renounce or disclaim all or part of an inheritance from an estate, i.e., refuses to accept...

Closing the Estate: Petition for Discharge

After all creditors have been paid, taxes filed, assets sold, and distributions made, it is time to close the estate. Closing the estate prevents creditors from coming forward to make a claim against the estate at a later date. Although the debtor and creditor period...

The Probate Process, Step Four: Estate Distribution

After all the assets have been gathered, the estate’s creditors have been paid, and taxes have been filed, the Executor or Administrator can begin to make distributions. If there was a Will, the Executor will make the distributions according to the Will. The Executor...

The Probate Process, Step Three: Debtors & Creditors

Once the Executor or Administrator has received their Letters, obtained an EIN, and opened a bank account for the estate, it’s time to marshal the assets. Marshalling the assets simply means finding everything the decedent owned and consolidating it into the estate’s...

Happy Thanksgiving: Counting Our Blessings

Happy Thanksgiving! As I take the time this week to reflect on my blessings, I would also like to take the opportunity to tell each of our clients and partners thank you! We count you, our clients and partners, among the blessings we have received! The dictionary...

The Probate Process, Step Two: Oath, Letters, & EIN

In our last blog, we discussed the Petition to begin Probate. After the Petition is submitted and accepted by the court, the person who will be administering the estate (the Executor, Administrator or Personal Representative), will go to the courthouse and take an...

The Probate Process, Step One: The Petition

After someone passes, family and friends often wonder what to do next. This series will examine the steps of probate from the opening of an estate to the closing. First, you must understand what probate is. Probate is the legal, court process of distributing a...

What to Do When an Executor Goes Rogue

In many cases, when someone dies, the appointed executor professionally handles the estate. However, in some cases, an executor goes rogue. It seems that sometimes, a death in the family brings out the worst in people, including resentment between heirs, including the...

The Priority of Claims in a Probate

Part of the probate process is paying the claims that are filed. Even if a creditor doesn’t file a claim, if the executor or personal representative knows about it, he or she must still pay that liability. The personal representative must know in which order to pay...

New Business Scam: Certificate of Existence

After you create a new business, LLC, LP, Corporation, or other entity, you will likely receive a letter titled a “Certificate of Existence Request Form” that looks similar to the one below: The letter claims that you need to send money (anywhere from $70-$100,...