Tag

Probate

PROBATE FRAUD

There are a number of shenanigans that can go on with wills and estates, and the administration thereof. Prior to the death of the testator (the person who made the will), there are instances of undue influence—when someone manipulates, coerces, or intimidates the testator to craft their will a certain way to reap the financial benefits. But fraud can rear its ugly head after the passing of the testator and at the beginning stages of probate—the method by which an...
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Probate – Should You Avoid It When Possible

Probate is a legal process by which the court establishes the validity of a will; or if no Will, the heirs-at-law. The Court determines the value of the estate; resolves issues with payment of creditors, taxes, and other debts; disputes between the beneficiaries, and then orders distribution of the net assets. But it does have some drawbacks. Probate is a public process, so financial privacy goes out the window. Probate also usually lasts 6-12 months, due to certain Statute of...
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