Absent proper estate planning mechanisms, upon the death of a loved one – also known as a decedent – the heirs of the decedent’s assets are will often be unable to transfer title to themselves without going through a probate proceeding.  Although going through a probate proceeding is probably one of the last things a person wants to deal with following the death of a loved one, there are several problems that can come up years into the future if a probate petition is not filed timely that will affect the rights of the decedent’s heirs.  Further, these proceedings can often be lengthy and complicated and can become even more complicated when there are creditors involved or there is a dispute as to who are the decedent’s true heirs.

  –

The proper person to initiate a probate proceeding is usually the named executor in the decedent’s will.  If there is no will, an heir-at-law, such as the decedent’s child or spouse, may be the right person to initiate a probate proceeding.  Lionheart Legal focuses on providing advice and legal counsel to such persons in a compassionate and sensitive way during this difficult period, so you can properly grieve and ensure the decedent’s wishes are carried out properly to the extent allowed by law.
–
Should you require legal assistance related to a probate proceeding or wish to initiate a probate proceeding, please feel free to contact our offices and schedule a consultation.