oldfinch Winslow, LLC is experienced in probate administration concerns. Our practice serves small estates with a single bank account and large estates with business assets and interests in multiple or overlapping jurisdictions.
Probate is the legal process in which assets of a deceased person are distributed to the heirs of the estate, after creditors have received payment. Assets that pass by means of title – such as real estate titled as Joint Tenants with Right of Survivorship, or accounts titled with Transfer on Death – are not subject to the probate process. Assets that pass by means of a beneficiary designation such as life insurance or some retirement accounts are also not subject to probate.
Probate disputes such as beneficiary representation, will contests, reformation actions, and challenges to the administration of a probate estate do arise. Our firm’s combined knowledge of estate planning, probate administration, and probate litigation is a valuable resource for our clients.
In some probate estates, there may be concerns regarding a trust – or a revocable trust – established by the decedent. Some estates will have issues concerning a guardianship that existed during the decedent’s lifetime. There can often be disputes or litigation in a trust case or guardianship case.
In some situations, assets that would normally pass by title or beneficiary designation can be subjected to the probate process – especially in the event that a surviving spouse chooses to take an elective share against the estate. This would include pay on jointly titled accounts, death accounts, and life insurance proceeds.