When a person passes away, the Estate Trustee must proceed to settle their estate. The process of being appointed as the Estate Trustee is what is generally referred to as Probating the Estate. We assist clients in navigating the process of being appointed as Estate Trustee, with or without a will. Probate applications can be very straightforward. A well planned and well documented estate can be administered with few complications.
However, several situations can arise where the assistance of a lawyer is likely going to be necessary. For instance, there may not be a Will, or an existing Will may be invalid for a variety of reasons. Also, because a Trustee is obligated to administer the provisions of the Will, or to enforce the statutes that apply when there is no Will, a beneficiary has the right to receive a notice of the application for Probate as well as a copy of the Will, if any. Sometimes, a beneficiary will object to the Probate application. Objections to an estate can take the form of contesting the validity of a Will, challenging the suitability of a Trustee who has applied for Probate, or challenging the scope and nature of the assets included (or excluded) from the Probate application.
We have assisted our clients in navigating these, and other scenarios that arise while settling estates, and we have acted for estate beneficiaries in responding to Probate applications and in pursuing and resolving their concerns about estate related issues.
If you are dealing with an estate, and need assistance with the process, we are happy to discuss your situation in detail. You can download our Estate Administration intake form here: Probate Intake Questionnaire