Probate and Trust Administration

Probate

Perhaps you have heard the word “probate” but are not sure what it is? Probate is the court-supervised process of distributing assets after a person has died. It is frustrating, time-consuming, open to the public, and can be quite expensive. Many clients ask us how long the probate process takes. While every estate is unique, the answer typically depends on the size of the estate, its complexity, and the schedule of the probate court. Most Georgia probates take about six months, but some go on for considerably longer.

A “typical” probate requires all of the following:

  • Filing a petition to appoint an Executor (if there is a Will) or an Administrator with the probate court

  • Give Notice to heirs named in the Will or, if there is no Will, to statutory heirs

  • Provide an Accounting and Inventory of all estate assets

  • Payment of estate debt to creditors

  • Sale estate assets

  • Payment of estate taxes

  • Final distribution of assets to heirs and beneficiaries

 

Much of our practice is devoted to helping families avoid probate altogether. However, if you are faced with the prospect of dealing with the Georgia probate court, we can guide you through the process compassionately and as efficiently as possible.

Trust Administration

There are a wide range of trusts, capable of accomplishing many different goals. As part of your comprehensive plan, we can design and implement a trust, or combination of trusts, to meet all of your needs now and for generations still to come. In addition, we can administer your trust, accurately and efficiently, by working closely with your existing fiduciaries, insurance professionals, accountants, and other trusted advisors. We will provide the clear direction necessary to ensure that the assets in the trust are properly accounted for in accordance with court rules, minimize expenses, and make sure assets held by the trust are distributed according to the stipulations of the trust and the grantor’s wishes.

If you are responsible for dealing with the probate court or administering a trust, contact us today. As Thomasville, Georgia probate & trust lawyers, we understand that this is a difficult time for you and your family. We will guide you through either process compassionately, efficiently and with a minimum of stress.

Accounting of the Estate

Inventory

Perhaps you have heard the word “inventory” but are not sure what it is? An inventory is a legal obligation imposed by article 794 of the Civil Code of Quebec to render a detailed accounting of every asset of the Estate including:

 

  1. ​Real Estate

  2. Cash, Bank Accounts

  3. Securities/Portfolios

  4. Jewlery

  5. Furniture

  6. Cars, boats etc.

  7. And any other Assets owned by the Estate

It is frustrating when a Liquidator fails to fulfill his legal obligations. Many clients ask us how long process takes. While every Estate is unique, the answer typically depends on the size of the estate, its complexity and the effectiveness of the Estate Liquidator. Most inventory should be produced within six months after the opening of the Estate, but some go on for considerably longer.

Much of our practice is devoted to helping families avoid dragging on the inventory process. However, if you are faced with the prospect of dealing with a liquidator that takes too long or drags out the liquidation process we can guide you through the process as efficiently as possible.

If you are responsible for dealing with this contact us today. As Montreal Estate Litigation lawyers, we understand that this is a difficult time for you and your family. We will guide you through either process compassionately, efficiently and with a minimum amount of stress.

The sooner you contact us, the better we can defend your rights.

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CONSULTATION

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The earlier you contact us and begin to plan to protect your rights to an estate, the more options we will have to protect everyone you love and everything you own.

Sign up for a free consultation with Samuel Cohen and see how we can protect you and your family.

LAW OFFICES OF SAMUEL COHEN

417 rue Saint-Pierre

Suite 808
Montreal, QC H2Y 2M4
P: 514-728-5190
F: 438-896-2786

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