Probate is the process of handling a person’s assets and debts after their passing. If the decedent executed a Will, it will be filed with the Court. Folds & Walker attorneys are experienced in consulting with families after the passing of a loved one and guiding them through the probate process to properly handle the claims of creditors and the ultimate distribution of assets to the beneficiaries in a Will or the intestate heirs when there is no Will.
Unfortunately, sometimes someone’s estate planning goes wrong, a person passes without having done any estate planning at all or a Trust is not being properly administrated. In these situations, conflicts arise and litigation may ensue. These situations may include a spousal claim against the estate, a claim by a child, objections to a claim from a creditor, the propriety of administration or distribution of the estate, or adversary proceedings contesting the validity of the Will or Trust. Folds & Walker can assist you in determining whether you have a basis to bring a claim.