We represent families of deceased people in the probate of wills and the administration of intestate estates. Further, we represent heirs in setting aside improperly written and executed wills, and disputes concerning the elderly transferring property under duress.
We also assist clients in the preparation of wills and their estates so that the person’s wishes may be carried out.
Often it is found that a will has been improperly prepared, duress has been applied to the testator to execute the will, or a will has been forged. In these events it is necessary to begin a claim to set aside such will. Our firm can help you in regard to these disputes.
On other occasions there has been no will executed and the heirs at law must be determined, their heirship interests decided and the intestate estate must be administered for the benefit of all of the proper parties in interest. Such procedures are called the administration of an estate. They can be orderly or there may be arguments concerning the proper heirs and their rights and responsibilities. If you find yourself needing representation concerning an intestate estate, then call on our firm for assistance
Determination of Heirship is typically part of a two step process: part one is a court order declaring exactly who is entitled to inherit the estate and part two is the appointment of an administrator to finalize the business of the estate.
The administrator gathers assets, pays debts and taxes, and eventually distributes the remainder to people the court selected in the Determination of Heirship.
While a Determination of Heirship solves your problem by providing a court order identifying you as the sole heir, it is an arduous process. For instance, an attorney ad litem will be appointed by the court to protect the interests of unknown heirs, even though you swear you are the only child. So you get to pay court costs and two attorneys, one of them whose job it is to challenge whether you are the only heir.