Losing a loved one can be a traumatic experience. In order to ease the burden during this troubled time, most families look to an experienced estate attorney to help them navigate through the probate process. Probate is an area of law that many don’t discuss until the reality of death is at hand. As a result, they end up struggling to find legal assistance while simultaneously going through the grieving process and attempting to determine the state of the decedent’s financial affairs.
Probate can often be avoided if the decedent already has an appropriate estate plan in place. However, if someone you love passes away with assets that pass through their Will or — if they have no Will — through the state law known as intestate succession, then those assets must go through the probate process.
The Probate Process in DC
Probate is a public process. It is designed to accomplish several goals including:
- Ensuring that assets pass to the appropriate parties and in the appropriate amounts;
- Ensuring that all known heirs at law are notified;
- Ensuring that all known creditors are notified;
- Providing heirs and creditors time to file objections or claims against the estate;
- Ensuring that all estate taxes have been paid; and
- Providing for the orderly distribution of assets to beneficiaries of the estate.
The probate process begins with the appointment of a personal representative also known as the executor. Typically, this person is named in the will, but if no one is named, or there is no will, another close family member typically serves. The personal representative is responsible for completing the probate process including accounting for all income and expenses of the estate during the administration process and providing a statement of final account before distribution. Probate can be quite involved, and the time periods for filings and notifications to interested parties must be closely adhered to.
Accordingly, it is strongly advised to hire an experienced attorney who focuses their practice in the probate court processes. Our probate team at the Law Offices of Clifford M. Cohen can assist personal representatives/executors, family members, beneficiaries, and trustees through the probate process. Our clients rely on our many years of experience managing the details and complexities of estate administration, which allows them to be with family and close friends during this time of need.
What Happens When Disputes Arise?
It isn’t uncommon for disputes to occur among relatives regarding the estate that is left behind by the decedent. At The Law Offices of Clifford M. Cohen, we do everything possible to avoid litigation. When disputes arise, we attempt to resolve them outside of court through negotiation or mediation. If this is not possible, we engage experienced litigation counsel to work with us to resolve your issues which may include:
- Interpretation of the will or trust terms
- Ownership of property disputes
- Representation of the surviving spouse, beneficiary or creditor
- Breaches of fiduciary duty
- Wrongful death claims
Types of Assets Requiring Probate
People often overlook it, but it is vital to plan for your family before death. Planning ahead can avoid the necessity of going through the probate process. Without planning ahead, any asset owned by the decedent alone will need to go through the probate court. This includes assets such as a car or home, or shared assets, titled as tenants in common.
If the estate contains these types of property, a probate would be required. Hiring an experienced probate attorney can be extremely beneficial to help you navigate the court’s process. Fortunately, whoever serves as personal representative is authorized to hire an attorney to assist with the probate process. Typically, the fees payable to the probate court and those payable to the attorney can be paid from the funds of the estate.
Hire a DC Probate Lawyer You Can Rely On
Probate is a complex process that requires careful legal handling of assets and is not something you should attempt without experienced counsel at your side. The task becomes even more daunting when you are grieving and under immense emotional stress.
At The Law Offices of Clifford M. Cohen, our clients trust us to provide their families peace of mind during this difficult time. Mr. Cohen has over 35 years of experience and dedicates his practice to helping individuals resolve estate matters. Contact us today at (202) 895-2799 for a free case evaluation. We can help you through every step of your probate case, allowing you and your family to focus on healing.