Summary Establishing heirship in probate court is a crucial aspect of estate management, particularly when dealing with intestate succession. This article outlines the types of proof required to determine legal heirs, addresses common challenges faced during the process, and offers…
Summary When an heir cannot be located, the probate process can stall, leaving assets in limbo and executors legally vulnerable. U.S. courts require due diligence to locate missing heirs before any estate is finalized. This article explores what happens legally…
Summary Heirs named in a will—or those entitled under intestacy laws—don’t always retain their inheritance. Certain legal circumstances can lead to someone being removed as an heir, including disinheritance by a will, legal contests, or disqualification due to misconduct. This…
Summary Each year, billions of dollars in unclaimed inheritance funds are turned over to state governments due to unlocated heirs or incomplete estate distributions. If you suspect you’re owed money—or are helping a client claim it—there are key steps and…
Summary When multiple heirs inherit a home or land, disputes can arise over what to do with the property. Whether it’s selling, keeping, or renting out the estate, consensus among heirs is often necessary. This article explains how co-inherited property…
Summary When someone passes away, their ownership of real estate or personal property doesn’t instantly vanish—it legally transfers to their estate. Understanding how and when that ownership is resolved is essential for executors, heirs, and attorneys managing probate. This guide…
Key Takeaways Maintaining the highest standards of ethical conduct is a consequent obligation for probate attorneys. Your estate management, heir search, and cooperation with other legal professionals should be clear of conflict of interest, privacy violation, non-compliance, and other unethical…
Key Takeaways For a probate attorney, due diligence is not only a professional obligation but a cornerstone of credibility and estate administration success. It has become even more imperative in the modern family setting, characterized by dispersed families and estrangements.…
Summary Locating a missing heir during probate is a crucial step in ensuring an estate is distributed lawfully and fairly. Courts require all known heirs to be notified during probate. If someone cannot be found, the process can stall or…
Summary Dying without a will—known as dying intestate—means state laws determine how your assets are distributed. This can lead to unintended consequences, family disputes, and prolonged probate processes. Understanding intestacy laws helps ensure your estate is handled according to your…