Key Takeaways 68% of Americans don’t have a valid Last Will and Testament, a clear forecast that over half of all the cases probate lawyers handle may be subject to intestacy laws. The law-abiding 32% have clear testamentary documentation, survivorship…

Summary Understanding when a genealogical report is necessary during estate administration is crucial for legal professionals managing probate cases. This article explores the key indicators that necessitate a genealogical report and the common challenges attorneys face during the process. With…

Key Takeaways As a probate lawyer, you are constantly faced with legal risks ranging from breach of fiduciary duty to acting in bad faith. Even missing crucial deadlines, such as statutes of limitations, can be considered negligence, leading to financial…

Summary Inheritance rights for half-siblings and stepchildren vary significantly across the United States, influenced by state laws and the specifics of family relationships. Understanding these variations, including legal rights, common challenges, and the steps to navigate inheritance disputes, is crucial…

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…