Probate: What’s Your Experience Been in Handling These Matters?

Discussing a Document

Probate matters can be simple in some cases, while others are much more complicated. Some probate cases involve will contests, which is where beneficiaries want to prove whether or not a Last Will and Testament is valid. Our probate attorneys have handled cases that involve setting up trusts as part of the probate and monitoring of the probate estate and the trust estate for years after the matter is closed.

In probate matters, Krause Donovan Estate Law Partners, LLC typically represents the Personal Representative (also known as Executor), which is often a family member of the deceased. In other words, if there is a will, this would be the person who is nominated as the Personal Representative. We also sometimes represent a beneficiary of the will (not the Personal Representative) who is concerned about the legitimacy of a will or the way that the estate is being handled.

Also, when there is no will, Krause Donovan Estate Law Partners LLC represents the person who either wants to be the administrator of the probate estate or who wants to be the Personal Representative.

Our firm provides various assistance to people going through the probate process, dependent on what their specific needs may be. There are cases where the Personal Representatives are fairly familiar with doing this type of work, such as cases where a trusted company has been named as a Personal Representative by the court. In this case, they may just need an attorney to do certain things such as drafting paperwork and making appearances in court.

However, typically we take on a much more comprehensive role in representing clients in a probate case. That can include various actions such as contacting banks to set up accounts for the estate, ensuring building inspections are done for a sale of the property, making certain closings go smoothly, to engaging a real estate agent if needed.

There are cases where we never actually meet the Personal Representative for various reasons. For example, he or she may live out of state. Upon the death of his or her family member, the individual or individuals will contact Krause Donovan Estate Law Partners, LLC to take over the probate administration of the estate and the family member may just need to sign certain documents and mail them in.

The firm of Krause Donovan Estate Law Partners, LLC provides as much or as little assistance as a Personal Representative needs in order to get the estate open, distributed, and closed with the least hassle necessary. They are happy to work with clients who would rather do more of the work themselves so long as there is a trusting and open relationship where the attorney and Personal Representative have a close working relationship, sharing all information and work. Because it is so important to account for every penny of an estate’s assets, the attorneys at Krause Donovan would much rather have a closer relationship and closer control on the probate estates so they can ensure that everything happens in a timely fashion and happens with the proper documentation that the probate court needs in order to close the matter as soon as possible.

Once someone who has property dies, that sets the stage for probate. In the state of Wisconsin, if there is no real estate and all of the property is worth less than $50,000, a probate may be avoided so long as proper procedures are followed. In Illinois, if there is no real estate and all of the property is worth less than $100,000, a probate may be avoided, subject to the following procedure.

Some people believe that a simple estate doesn’t need probate. However, it is really the size of the estate that determines whether a probate is needed. A lot of people believe you can avoid probate by simply having a will in place at death. In fact, a will is actually a ticket to probate, because a will is not effective unless it is brought to the probate court and admitted.

Submit our online form to request a consultation to talk with one of our experienced probate attorneys. Probate can be a complicated process. We’re happy to address the concerns that you have.

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