FAQ

Probate

1. What is probate?

   Answer:  Court process is used to transfer property from a deceased person’s estate to his beneficiaries either according to his will or according to State Law if there is not will.

2. How long does probate take?

   Answer: Each case is different. Depending on whether there is a Will it can take from 6 months to several years. It is also dependent upon how many assets need to be transferred and the type of assets that need to be transferred.

3. How long after a person dies do I have to start probate?

   Answer: Whether there is a will or not the probate process should be commenced within  4 years after the death of a decedent who has probate assets.

4. What are probate assets?

   Answer:  Probate assets include property of any kind that must be transferred to a beneficiary either under a will or by State Law for the beneficiary to take possession of the property.

5. Is probate always necessary?

   Answer: No, if the deceased person has either transferred his property to others prior to his death or has named beneficiaries on assets to be automatically transferred, then probate may not be necessary.

Estate Planning 

1. What is included in an Estate Plan?

   Answer:  An estate plan should include documents that carry out your wishes both when you die and while you are alive. It should include a will and several powers of attorney that give another person the ability to conduct business for you in the event you are unable to do so. Your estate plan may also include a trust and other transfer documents that, when administered properly, will make it possible for your family to avoid probate.

2. Why should I have an Estate Plan?

   Answer: Having an Estate Plan gives you peace of mind that your wishes will be carried out after your death and that while alive those who you have designated will be able to assist you should you become unable to care for your own needs. An Estate Plan is gift to your family after your death and will make the transfer of your assets to your loved ones a smoother process.

3. Will a Trust help to avoid probate?

   Answer:  A Trust is a great instrument to use if your goal is to keep your estate out of probate. If it is maintained properly, it can be a great way to avoid probate. If you have a Trust, you will still need a Will just as a backup if all your assets are not in the Trust at the time of your death. Any assets outside the Trust at the time of your death will become part of your estate and will be a probate asset.

4. What is an Affidavit of Heirship?

   Answer:  An Affidavit of Heirship a document that can be used to transfer real property to the heirs of a decedent. It can be used in cases when the decedent had no outstanding debt and there are no funds to be collected on behalf of the deceased.

5. What is a Small Estate Affidavit?

   Answer:  This Affidavit is an alternative to Probate when the decedent’s estate is valued at less than $75,000 and the decedent has no debts. The Court must approve a Small Estate Affidavit.

Real Estate

1. How do I take someone’s name off my deed?

   Answer:  The process to remove another person's name from your deed is a straightforward process if the person to be removed is in agreement. A deed naming you as the Grantee (the person receiving the property) will need to be prepared and the person transferring their interest to you (the Grantor) will need to sign the deed.

2. After a divorce, how do I get my name off a mortgage on a house that was awarded to my ex-spouse?

   Answer:  A mortgage is a contract between you and the mortgage company. Some mortgages are assumable, and others may not be. The best way to know whether you or your former spouse can be removed from the mortgage is to contact your mortgage company and find out whether the loan is assumable or if the mortgage will allow an assumption by your former spouse or yourself.

3. Can I add someone else to my deed?

   Answer:  Yes, you can add someone else to your deed, but you will be joint owners. Each owner will be responsible for the expenses, maintenance, and insurance for the property.

4. Do I need to get title insurance if I am selling or purchasing a property without a mortgage or with owner financing?

   Answer:  Title insurance companies search the title records and can be reassuring that you are purchasing a property from the owner or owners. They will let you know if there are any issues with the title, so purchasing title insurance is a good idea.