Tucson Probate Attorneys
When you are faced with the loss of a loved one, you are naturally devastated and you have questions that often cannot be easily answered. Many people do not understand what probate proceedings are and why they are necessary to settle an estate of a deceased loved one.
Simply put, probate is the process the courts use to prove a will is valid and to ensure the estate of the decedent is administered properly. If the decedent had a will, the court will validate the executor or executrix and issue letters of testamentary. Letters of testamentary are a specific set of estate documents that allow the administrator of the estate to distribute all property and assets of the estate as laid out in the Last Will and Testament of the decedent.
What Happens When There is No Will Left?
In the event someone dies without a will, they are considered to be “intestate.” When this occurs, it will be up to the court to appoint an administrator for the estate. At Goldstein & Scopellite, PC we can help you file the necessary documents should you wish to be appointed as administrator and we will work hard to ensure that you are able to carry out the wishes of your loved one based on your knowledge of their wishes.
Dealing With the Probate Process
Whether you have lost a loved one and have located a valid will or you feel confident there was no will, you will be facing a complicated process through the courts. At Goldstein & Scopellite, PC we can help you through this time-consuming and often frustrating process. We know that your thoughts are with your family at this difficult time and we will help you through the entire probate process.
What You Need to Know About Life Insurance and Retirement Accounts
One of the issues that many clients of Goldstein & Scopellite have asked us about is life insurance policies and retirement accounts. In most cases, these assets have beneficiary designations and those assets may only be distributed to those beneficiaries. There are exceptions to this however in the event the beneficiary predeceases your loved one. In most cases, the assets would then pass to the estate unless there were alternate beneficiaries. If these assets pass to the estate, you will need to understand how these assets need to be handled for tax purposes.
Keep in mind, if there are no designated beneficiaries, most firms will require you to provide them with certified copies of the letters of testamentary and death certificate as well as a detailed letter of instruction. The process can be complicated and mistakes can cause significant delays in distributing assets. In addition, a final tax return may need to be filed for the estate.
The Tucson probate attorneys at Goldstein & Scopellite are here to help with all your probate and estate administration questions. We can help protect your rights as well as help reduce some of the confusion during the probate process. We can walk you through the probate process so that you understand what is occurring and the reasoning for the events that are taking place.
Call an experienced Tucson probate lawyer today about your case. Call Goldstein & Scopellite, PC at (520) 202-0392 or send us a message using the form on our website.