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Probate


The Probate law firm of The Law Offices of Bree Celeste Winterbotham aids families and personal representatives through the legal maze called probate.  Probate is the court supervised administration of an estate, whereby the decedents debts are satisfied and their assets distributed according to their will, or if no will existed or it is found invalid, according to intestate succession laws. 

A will does not keep the decedent’s assets out of the Probate Courts.  A will instructs a decedent’s representative how the decedent wishes to have their assets distributed; but the courts must supervise the distribution of the assets.  Alternatively assets held in a trust, and distribute assets when an event occurs, usually upon the passing of the creator of the trust, can avoid probate.

The probate process is time consuming and can be confusing without the help of a knowledgeable attorney to guide you through the process.  Finding an attorney to handle your loved ones probate can be overwhelming.  The attorney you choose will be there to advise you during one of the more difficult moments in your life.  Thus to help ease the stress of choosing the attorney best for you, we offer a free consultation for probate clients.

 Is There a Way to Avoid Probate?

The best way to avoid probate is to establish a trust.  When a trust is established, the grantor (the person who sets up the trust) transfers all of his/her assets into trust, where they will remain until they are delivered to the beneficiaries of the trust.   When a trust is established, probate is avoided because the grantor died without any assets in his/her name, since they were gifted to the beneficiaries under the terms of the trust.   A trust also saves your beneficiaries the hassle and headache of probate court.

 

 
           
 

 

 

 

 


Tel: (949) 200-7336

   

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Copyright © 2005-2014 by The Law Offices of Bree Celeste Winterbotham.  All Rights Reserved.  The information on this site is not, nor intended to create legal advice.  Moreover, please be advised that no attorney-client relationship is created herein.  Every legal situation is unique and requires individualized legal advice.  You should not act upon or rely on any information in this website without consulting an attorney for individual advice regarding your specific situation.