Law Office of Theresa Nguyen, PLLC

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What is the Meaning of Probate and What is the Process?

Probate is the legal process through which a deceased person's assets are distributed to their heirs or beneficiaries. It typically involves the appointment of a personal representative, who is responsible for identifying and collecting the deceased person's assets, paying any debts or taxes, and distributing the remaining assets to the beneficiaries.

The probate process begins with the filing of a petition with the court, which typically includes a copy of the deceased person's will, if one exists. If the deceased person did not have a will, the court will determine who the legal heirs are and distribute the assets accordingly. The personal representative is usually appointed by the court, and is typically a close relative or friend of the deceased person.

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Problems with Going Through the Probate Process without a Lawyer

Probate is the legal process of distributing a deceased person's assets to their heirs or beneficiaries. This process can be complex and time-consuming, and it is often recommended that individuals seek the assistance of a lawyer. However, some people choose to go through the probate process without a lawyer, a process known as "pro se" probate.

Pro se probate can be tempting, as it can save you the cost of hiring a lawyer. However, it is important to keep in mind that probate is a legal process, and without the guidance of a lawyer, it can be easy to make mistakes that can lead to delays, added expenses, and even legal disputes.

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Personal Representative Needed a Probate Attorney to Administer a Friend's Estate

Maria and Barbara were Don's neighbors for over a decade and his closest friends. In fact, when Don's wife passed away several years ago, they became the closest to relatives he had, aside from his two dogs.

Maria treated Don as a daughter did a father. It was no surprise that in his will, he assigned her as his estate's personal representative.

The will also stated that Barbara would inherit $100,000 and custody of his two dogs. Maria would get the rest of his estate and remaining assets valued at $500,000.
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