Stephen J. Buhler: Attorney at Law is a probate lawyer in Salt Lake City, Utah that can help you and your family navigate the probate process. If you have recently lost a loved one, we offer our deep condolences. The aftermath of a loved one’s death can bring many new challenges. Not only are you and your loved ones grieving, but you may also need to plan a funeral, and make final arrangements. One important thing that a family may need to manage after a loved one passes away is probate.
Probate is the necessary court procedure to transfer assets from the estate of a deceased person to his or her heirs. Probate is required in many cases whether the person died with or without a last will and testament. Probate is usually an uncontested and straight-forward proceeding.
Probate does not mean that the government takes your property or that extra taxes are incurred. Probate is technical and usually requires a court hearing. It is always best to get good legal representation. Stephen J. Buhler: Attorney at Law is a Salt Lake City, Utah probate lawyer who works with families and individuals navigate the probate process.
What Happens During Probate in Salt Lake City, Utah?
What happens during probate in Salt Lake City, Utah? Probate is the process by which the court authenticates a will. After a person passes away, the person assigned to administer the estate will be required to submit the will to the courts to validate the will. Generally, the process goes rather smoothly. It involves the formal validation of the will and appointment of a personal representative (executor) who makes sure that creditors have been notified that the person passed away, that taxes on the estate are paid, and then distributes assets in accordance with the will.
If there is no will then the probate court must determine heirs and appoint a personal representative to administer the estate. It is important to consult with a knowledgable and experienced attorney to make sure that things are being done timely, correctly and in accordance with the law.
The personal representative, once appointed by the court, is personally responsible to all that have a claim on the estate including creditors, beneficiaries, heirs and the tax man. It is essential to do everything right from the beginning and not take any risks.
But, sometimes family members challenge the validity of a person’s will, or the manner in which the estate is being administered. It is always best to hire an attorney for any contested probate issue. Sometimes family members or beneficiaries may dispute the way the will was signed, or claim that there is another valid will, especially if the individual updated the will before passing away. In this case, the court may hear the arguments and disputes and make a decision about what to do next. In this case, probate can sometimes get more complicated. If you need assistance navigating the probate process or have questions about the probate process, Stephen J. Buhler: Attorney at Law is a Salt Lake City, Utah probate lawyer that may be able to assist you.
Attorney Steve Buhler has helped many through the probate process, some with wills, some without wills. This is something far too important to attempt without competent legal advice and representation.
Small Estates Probate Law Firm in Salt Lake City, Utah
Sometimes, due to the size and nature of the estate, a probate will not be required. Sometimes all of the decedent’s assets can be gathered by use of a small estate affidavit. Your attorney will let you know if this simpler procedure can be used in your situation. Contact Stephen J. Buhler: Attorney at Law, a probate law firm in Salt Lake City, Utah to learn more about your options.
Guardianship Lawyer in Salt Lake City, Utah
Guardianship is the legal process by which the courts declare a person incapacitated and assign a person to serve as a guardian, handling the individual’s legal and financial affairs. If a person passes away and leaves behind minor children, an adult may be assigned in the will to serve as the children’s legal guardian. In other situations, an elderly or adult person may become incapacitated due to disability or illness, and may need an adult to make decisions and handle their financial and medical affairs. It can be difficult to establish a guardianship for an adult because it means taking away someone’s legal rights and freedoms. The courts generally will hear the case and make a decision. The evidence must generally be strong to support the establishment of a guardianship. However, sometimes individuals with terminal or progressive illnesses may know that at some point they will need to put a family member or loved one in charge of their care and affairs. They may go to a guardianship lawyer to assist them with this process to ensure that a person they trust and care about is in charge of their affairs.
Guardianship may also be required for a child whose parents are unable to care for him or her, temporarily or, perhaps, permanently.
Stephen J. Buhler: Attorney at Law is a guardianship lawyer in Salt Lake City, Utah that can help you with a range of guardianship needs. Whether you need assistance formalizing a guardianship for a minor child, need help ensuring that your minor children will be with the guardians you wish after you pass away, or need help establishing a guardianship over an elderly loved one or family member, Stephen J. Buhler: Attorney at Law in Salt Lake City, Utah is a guardianship lawyer who may be able to help you.
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