Category: Guardianship

Things to Understand About Probate

When an individual dies, one’s property can be divided up by a probate procedure. Probate involves a process wherein a will is either “claimed” by the deceased or “approved” by a court of law. The probate of wills and trusts generally takes place in a probate court.

In most instances, it will involve a representative from the estate, called a probate attorney, who will oversee the distribution of the assets. One thing to consider when planning for the probate of a Will is who will actually receive the inheritance. Willing representatives are often appointed by the courts. Another option is to designate a “personal representative” to handle the probate on their behalf. Although it can be done, it can also be quite complicated and expensive. It is recommended to hire an experienced probate lawyer to handle the case.

 

Probate in the estate must be handled carefully and with considerable consideration of each family member. Probate court is the place where you will present your case to be adjudicated. It will be your opportunity to tell your story to a judge. As the person who wants the assets distributed, you should do everything you can to select a probate court that will be sympathetic to your desires. You want to ensure that the court is able to take the best interests of all parties involved when they are involved in this process.

 

The process begins with filing a petition with the Probate Court to determine if you are the rightful owner of certain assets. After the petition is filed, the court will begin an investigation of your case. A qualified attorney will review your case and provide a thorough explanation of probate procedure. He or she will answer any questions you may have and present your case in the most effective way. In most cases, the probate court will make a decision about your property within a few weeks.

 

It is important to remember that if the court rules in your favor regarding your property, you are legally responsible for paying the balance. If you don’t pay, the probate court will sell the assets it has accumulated over time. It is important to remember that even if the court rules in your favor regarding a particular asset, you are still responsible for paying the balance, plus interest and fees. When you inherit a will, you may need to fill out forms that indicate which assets will be distributed. It is important to keep a close eye on forms as they are read, and fill them out correctly and completely to avoid being turned down when trying to take the property through probate.

 

Probate court is one of the most stressful situations that people can face in their lives. It can be difficult for anyone to see their money going to someone who didn’t work for it and who now doesn’t have it. Probate and guardianship can also be extremely complex, with many small details that can get lost. If you are in need of probate advice, it can be helpful to talk to a probate attorney that has experience working with estates and probate. They will be able to help you understand the entire probate procedure and what is involved with executing your will.

Understanding Guardianship With These Basic Information

Whenever you are fighting for the custody of your children or a close relative, the guardianship procedure can be a painful and stressful time. There is so much to think about when going through a guardianship procedure. If you are in need of a legal professional to help you through this time in your life, it is important to consider the importance of their experience and qualifications as a specialist in this area. There are many avenues to consider when looking at guardianship lawyers, and your first step should be to look into their experience and credentials.

 

A custody agreement is drawn up between the parents and the child’s guardian ad litem during the initial court proceedings. This agreement outlines the time during which the child will spend living with each parent, as well as details on what the physical custody of the child will be. Along with these details is the right to make decisions regarding the child’s welfare, the right to medical care and education, and the right to religious and social teaching. The parents are also expected to pay child support if they are unable to provide this. The court’s duty is to oversee the custody and the visitation rights of the children.

 

Once you have decided that you are going to file for guardianship, you will need to provide several personal items to the court. These include documentation regarding your spouse, children, and other supporting adults. A health care proxy from a doctor confirming that the child will receive medical care is required. It also must confirm that both parents are unfit to care for the child.

 

At the beginning of the guardianship case both parents and children will give testimony regarding the best solution for their child. There is often a custody hearing where the judge will review the evidence and reach a decision. During the hearing both parents are expected to present evidence to prove their cases for why they are the best guardians. Evidence can include letters from therapists, psychologists, and even doctors. It can also include things like a history of drug abuse and neglect.

 

Miami probate attorneyAt the end of the child custody hearing the court will make a final decision, said Miami probate attorney. If there are no problems with the parents and the court feels that they are suitable to be guardians the child can be given to them. If there is a problem then the court will then make a decision on the best person to take care of the child. At this point either the parents or guardians can ask the court to make an order for custody. If the parents wish to stay together and the court rules that there is nothing to be done about it the court will leave the child in the custody of the guardian. However, if the parents wish to separate then the parent must go through the courts to seek custody of the child.

 

After the court makes a decision guardianship is established. The parents can no longer attend the child custody hearing unless they are involved in it. This can be hard for a lot of parents who are in conflict, and they can have a hard time attending because of their personal relationship with the child. Once the guardianship has been set up everything is much easier for the parents and the child.