1. I can handle the probate process on my own.
For very small simple estate, this firm will be the first to tell
you that you should handle it on your own. We would be more than
happy to point you in the right direction. But, for everyone else
there are untold nuances to the probate process such as creditor
issues (who should I pay first, when should I pay the creditors,
do I have to pay the creditors), to probate expense issues (is
this an allowable probate expense, can I reimburse myself for my
out-of-pocket expenses, what happens if I reimburse myself for
expenses that were not allowable), and countless others.
2. Thinking there is no way to change an innocent mistake in a
Last Will and Testament.
Sometimes an improperly worded Last Will and Testament may result
in unintended consequences. A deceased son's children may have
been inadvertently left out of the Will. Some mistakes can be addressed
after someone has passed. There are a host of nuances with this
process. If this is an issue, contact our office immediately as
there are very time sensitive criteria at issue.
3. My parents held everything jointly.
You should always consult an attorney regarding probate implications
for the first spouse to pass. The attorney should review the status
of all assets to determine the probate exposure. It is very common
to have hidden assets or even a house that is either held solely
by the first to pass or as a tenants in common interest.
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4. My father left everything to his new girlfriend six months
before he passed. There is nothing that I can do.
There are a host of areas where one may challenge the submission
of the Will at issue for probate. However, the single biggest obstacle
is timing. A claim to challenge the submission of a defective or
otherwise challengeable Will must be made within a certain time
frame or a claimant will be barred from making any challenge. If
you are considering challenging the submission of a Will, contact
this firm immediately to ascertain whether or not you have a challengeable
matter.
5. The Personal Representative of the Estate is not a responsible
person, but there is nothing I can do.
Wrong. There are a host of options available that are available.
Whether the route for removing the personal representative is straightforward
or complex rests on the outstanding issues present in the case.
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Attorney
Roa communicated effectively and in a timely manner.