My son is currently on remand waiting trial. We have had a really tricky time over the last year learning about some of the things that he has been doing, but we want to make sure that we support him through the trial so that he can get a fair process. Having family on your side can help the prisoners to have an easier time at trial and can often help the lawyers to provide the strongest possible defence in court. This blog explains how family members can help to make sure that legal process goes smoothly and that the lawyers get all of the resources that they need.
When you are in a situation where there is a death in the family, one of the first steps is to look for a will. If there is no will, you may not know how to proceed. This is especially true when homes, land, and other property is concerned. If you are in a situation where there is no will and you have what is known as a deceased estate, you will need a lawyer to determine who handles wills and estates. Here are three steps you will need to take.
Estate Proceeding
Depending on the size of the estate, you may be able to avoid going through the court systems. Your lawyer can assess the estate and determine if an estate proceeding can be done. An estate proceeding allows the estate to be distributed among the children and debts to be paid, and for the estate to be closed out easily. It avoids the use of the courts where the courts will handle everything, including deciding who will execute the choices of the state and who will receive the property.
Eligible Executor
If an estate proceeding can not be handled, your lawyer will offer a list of the people that can be considered eligible as the executor of the estate. Though you may not be able to choose the exact person from the list, you can list the people that fit the list criteria. The courts will choose from the list and allow that person to help make the choices for the distribution of the estate. You can then begin discussions with the court appointed executor and your lawyer. The final judgements will be approved by the court, and the estate will be distributed.
Survivorship Locations
There may be people on the list that are eligible to inherit some of the estate. These people fall under survivorship clauses and will need to be located. They will need to be notified that the family member is deceased and that estate proceedings are being negotiated. Once the survivors are located, they will be asked to contact the executor within a specified amount of time. If they do not, they may forfeit their inheritance, and it will be given to the next in line. Your lawyer will work with you on the survivorship list and contacting them if necessary.
These are only three of the steps you will need to take when there is no will and a deceased estate is left behind. There may be additional steps depending on the estate contents and the laws governing your specific location. If you are ready to get started, contact your local wills and estates lawyer who has experience as a deceased estates lawyer.
Share5 October 2018
