Probate Law– When a person who owns property, real or personal, dies, title to his or her property can’t pass to the heirs absent a court procedure known as probate, with some exceptions known as non-probate transfers or beneficiary designations. Some examples of non-probate transfers are:
Retirement fund beneficiary designations
Life Insurance Policy Beneficiary designations
Bank account beneficiary designations
Real property held in Joint Tenancy
Sometimes, the heirs, or simply “interested” persons, contest a will, or object to the terms of the distribution, for example. The Elder Law attorney can either prosecute the contested matter or defend it, whatever is called for. Often, parcels of real estate are sold, as part and parcel of a probate proceeding. Virtually every Probate proceeding requires a detailed accounting of all assets transferred through the probate process, as well as an accounting of income, expenses, gains and losses on sales and distribution – These are all services that the Elder Law attorney provides.
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