Best Probate Lawyers in Ogden

FAQs

• What is the non-emergency contact number for the local police station in Ogden, Utah?

  801-395-8221 is the non-emergency number of the Ogden Police Department.

• Where can I get a copy of police reports for incidents related to my case in Ogden, Utah?

  To obtain copies of incident reports from the Records Bureau of the Ogden City Police Department, you must fulfill the form at https://www.ogdencity.com/DocumentCenter/View/138/Government-Records-Access-Management-Act-GRAMA-Request-PDF?bidId=. Requests that have been completed may be delivered to the Francom Public Safety Building's front desk at 2186 Lincoln Avenue in Ogden, Utah, or sent via email to opdrecordsrequest@ogdencity.com.

• What are the benefits of a shared tenancy with rights of survivorship in Ogden?

  The benefit of joint tenancy with rights of survivorship in Ogden is that it prevents probate at the first spouse's death. On the other hand, the surviving spouse should not include the contact information of other familial relationships in their assets. By doing this, they risk losing their assets due to bankruptcies, debts, divorces, or legal actions of any additional joint tenants.

• What dangers might emerge from do-it-yourself wills in Ogden?

  DIY wills come with several risks and are less secure than wills drafted by an attorney in Ogden. DIY wills may not be suited to your state, updated to reflect current laws, properly executed, or compatible with other documents. Additionally, without personal counsel, you risk forgetting to list some estate assets and failing to plan for potential alternate outcomes that might affect how your estate is distributed.

• What duties do personal representatives in Ogden probate cases perform?

  The estate planning of the deceased is handled and settled by a personal representative in Ogden, who is accountable for:

  • Informing the heirs and creditors about the probate process;
  • Collecting and inventorying the decedent's assets subject to probate;
  • Calculating and paying federal, state, and income taxes;
  • Selling real estate to cover expenses or unpaid taxes; and
  • Assigning the remainder of the income to the chosen family members and relatives.

• Is it possible to modify a will in Ogden?

  Yes. In Ogden, the original creator of the will has the right to revoke or alter it at any time. Lawyers use codicils when you want to make amendments to your will. You must revisit your will if certain things happen to your life, like a new baby, a marriage, or a death. Consult a lawyer before you make any modifications to your will.

• How can a probate attorney in Ogden assist you with your case?

  The following are things a probate attorney in Ogden can assist you with:

  • File a court petition asking the court to designate a personal representative to assess a will's legality;
  • Determine if an informal or formal filing is appropriate for a probate case;
  • Each heir specified in the petition will be notified by the court of the proceedings in probate.- Compile an accounting or inventory;
  • Take the necessary actions to alert potential creditors; and
  • Distribute the estate's assets.

• What does a probate attorney do?

  Probate attorneys are licensed professionals who represent executors and heirs after someone has died. They provide personalized legal advice, assist with tax planning, settle debts, and facilitate the distribution of assets. Probate attorneys typically represent clients during administrative proceedings overseen by probate courts, although some litigators focus on handling disputes and lawsuits related to contested estates.

• What is probate court?

  Probate court works with the family or beneficiaries of a deceased person to validate their last will and testament. The courts review the individual's will to identify and calculate assets, pay off remaining debts, and distribute the remaining property to beneficiaries per the deceased person's requests. Depending on state laws, property valued under a certain amount may not require probate.

• How long do you have to file probate after death?

  The amount of time loved ones have to file a will after a person dies varies from state to state. While California courts require probate to be filed within one year, New York has no deadline. That being said, it's advisable to file probate as quickly as possible once a person has died, as the process itself can take anywhere from a few weeks to more than a year.

• Does life insurance go through probate?

  Life insurance doesn't need to go through the probate courts if the deceased individual has named a beneficiary on their policy. However, life insurance policies without beneficiaries, or with beneficiaries who are either deceased themselves or cannot be contacted, go directly to the deceased individual's estate. When this happens, life insurance proceeds must go through probate court to determine how funds should be allocated.

• Do household items go through probate?

  While the exact rules do vary from state to state, most household items don't require probate and are automatically left to immediate families unless otherwise stated in the deceased person's will. When it comes to property, only items above a certain value or held in title are required to go through probate in most states.

• Do bank accounts with beneficiaries have to go through probate?

  In the event a beneficiary has been named, bank accounts are not required to go through probate and will be paid directly to the person designated by the deceased individual. However, should that individual be deceased themselves or if contact cannot be made after a certain period of time, funds will be allocated to the estate and put through the probate process.

• What happens if no probate is filed?

  Depending on the circumstances, probate may not be required in all cases. If a person passes on and their remaining property is jointly owned, it automatically transfers to the other owner. However, if a property is not jointly owned and no probate has been filed, the executor of the will won't be able to transfer titles or cash assets to beneficiaries. Be aware that the specific laws surrounding probate requirements vary from state to state.

• What is probate real estate?

  Probate real estate is the process that happens when a realtor steps in to handle the sale or transfer of a deceased person's owned home to another individual. In some cases, the house is sold as a means of liquidating assets, and proceeds from the sale are used to pay debts or are distributed to beneficiaries.

• Can I probate a will or estate without an attorney?

  It is possible to probate a will and close an estate without hiring an attorney. However, it requires multiple steps and an understanding of the law. The first step is to petition the court to appoint a representative for the estate. Next, the executor must notify all heirs and creditors before switching ownership from the decedent to the estate. Once all debts, taxes, and final expenses have been paid, funds can be transferred to heirs. To close an estate, the executor must submit a report showing the court that all obligations and final wishes have been satisfied. While a will and estate may seem straightforward, things can get complicated quickly if multiple heirs are involved, or if disputes or disagreements arise over distribution. A probate lawyer can help navigate these disputes effectively, and take pressure off the executor when beneficiaries aren’t getting along.

• How many years can an estate remain in probate?

  If the will or proposed distribution of property is contested, an estate may remain in probate for several years. The timeline depends on how long relatives have to initiate probate, how long creditors have to come forward, and how busy the courts are. In some states, such as Florida, relatives have just 10 days to initiate probate, and the entire process takes approximately six months. In other areas, such as Massachusetts, the process can last one to two years, although the majority of probate activities occur in the first nine months. The value of the estate also affects the duration of the case. For example, California and Texas have simplified procedures for smaller estates, such as those valued at $150,000 or less.

• When is a will's probate an automatic process?

  Probate is the legal process of validating a last will and testament to ensure that the decedent's wishes are followed. A probate judge may automatically clear wills if they're accompanied by an affidavit from the decedent, a notary, and a witness. Some assets, including financial accounts with designated beneficiaries, and funds held by certain types of trusts don't have to go through probate.

• What does it mean when property is under probate?

  Real estate that's under probate is typically liquidated through the court system, which is most common when someone dies without a will. Home buyers who are interested in this type of property must follow special rules regarding deposits, which are sometimes nonrefundable, and buyer's premiums. Additionally, the court must approve the purchase price.