Probate is the name for the court proceeding during which the assets of a decedent's estate are administered and distributed according to the provisions of the will. Part of the process includes notifying all people who are owed money by the decedent, and publishing notice to all potential creditors of the decedent. Probate is also the process whereby trusts created within the will are funded, and guardianships are set up for minor children.
All valid wills must at least be filed in the courthouse of the County wherein the decedent resided, and if there is real property (a house or a piece of property) to transfer, a probate must be commenced. When a person dies without a will or will substitute, there can still be a probate to transfer real property, but it involves some extra procedures.
If you have been named as an Executor or Personal Representative in a will, Selander O'Brien can help you with the probate. And if you are related to or have had a close relationship with someone who has died without a will, we can help you too.
Personal Representative
Selander O'Brien Attorneys provide representation of the Executor or Personal Representative of a will in probate. We provide you with drafted documents to open and proceed through probate and we go to court on your behalf when necessary, so you don't have to. We help you make decisions and negotiate with creditors. We advise you about how and when to distribute assets to beneficiaries and provide you with counsel on your legal duties and obligations as personal representative. Our firm is experienced with a wide range of probate issues and problems and can assist you if litigation were to arise.
Beneficiary Representation
Selander O'Brien Attorneys also provides representation of beneficiaries and heirs within the probate context. We can assist you with determining your legal right, help you protect your inheritance, and require those named as personal representative to account for their actions, commencing litigation or "will contests" as necessary.
Trustee Representation
If you are named in a trust document as a trustee, Selander O'Brien Attorneys can provide you with legal counsel to help you make the correct decisions regarding creditors, trust distributions, administration to achieve tax planning goals, and many other issues. Selander O'Brien is equipped to advise you on your communications and relationships with beneficiaries, the rights of beneficiaries and your legal obligations under the trust document and under common law. There are many challenging aspects to acting as a trustee, and Selander O'Brien can help you avoid the many pitfalls along your path.
Fiduciary Representation
In addition to representing personal representatives, beneficiaries and trustees, Selander O'Brien
Attorneys also represent other fiduciaries: attorneys-in-fact acting under a durable or health care power of attorney on behalf of a disabled person or as the guardian of an incapacitated person. If you are a named fiduciary acting on behalf of another, we can help you understand your legal obligations and duties while providing you with counsel on the best way to proceed in difficult situations. While hoping to avoid litigation, we can also defend you when actual or potential litigation arises.
