Does Everything From An Estate End Up In Probate?

One of the more confusing aspects of the probate process is figuring out what does or doesn't go through it. Some assets aren't subject to probate, but many are. Let's look at several different classes of assets so you can understand how a probate attorney will see this issue. Joint-Ownership or -Tenancy If more than one party owns an asset, the other joint owners have equitable claims to the ownership stake of another owner who dies. [Read More]

Three Reasons You Should Consider Creating A Living Trust Rather Than A Will For Your Heirs

If you have assets and currently have a will that stipulates who receives your assets after you die, you should consider switching to a living trust. Although there are certain aspects of a will that are attractive, especially for those with few assets, a living trust is often a better choice. The following are just a few reasons to consider creating a living trust. You will avoid probate Anytime you die with assets over a certain legal threshold according to state law, the assets of the deceased must go through the process of probate. [Read More]

Errors To Avoid When Hiring A Divorce Lawyer

If you and your spouse have decided to end your marriage and file for divorce, one of the first things you should do is hire an experienced divorce lawyer. While retaining a divorce lawyer is not required, having legal counsel will make the divorce process go much more smoothly. This is especially true if you and your spouse are on very bad terms and you expect an acrimonious divorce. However, hiring a divorce lawyer is not enough — you need to make sure that you hire the right one. [Read More]

Three Ways To Uncover Defendant Assets

When you're involved in an auto accident, your top priority is to ensure the liable party can pay for your injuries and losses. Although most claims are handled by insurance companies, sometimes it's necessary to sue the defendant directly, so it's important to check whether the person can pay before you initiate a lawsuit. Here are three things you can do to see if a defendant has enough assets to pay a court judgment. [Read More]