A Clear Direction. Lighting The Pathway Of Probate And Estate Administration

Similar documents
Estate. Settlement. In Utah

> ACCOUNT SETTLEMENT AT HOME FEDERAL BANK

Decedent s Probate What These Terms Mean Is Probate Necessary to Transfer Property at Death?

VEST & MESSERLY, P.A.

STEP-BY-STEP GUIDE TO THE PROBATE PROCESS

CHAYET, DAWSON & DANZO, LLC

Wisconsin Probate. A Client's Guide to the Language and Procedure of Probate inn Wisconsin BAKKE NORMAN L A W O F F I C E S

PROBATE QUESTIONNAIRE FORM. DARRYL V. PRATT Attorney at Law Certified Public Accountant

What To Do When Someone Dies

LONG-TERM CARE PLANNING QUESTIONNAIRE

ESTATE PLANNING WORKSHEET

ESTATE PLANNING QUESTIONNAIRE

New York State Department of Taxation and Finance. Estate Tax Waivers

Schwab Designated Beneficiary Plan Application

A form that will help you identify, locate, and organize the important documents your will need as a primary caregiver.

Protect your family s legacy with estate planning

Getting Your Affairs In Order. A Guide for Your Survivors. and. Office of the New York State Comptroller Alan G. Hevesi

14. Probate in the State of Washington

ATTORNEY IN FACT INSTRUCTIONS AND ACCOUNTING RECORDS

Will and Living Trust information Packet

After the loss of a loved one. A guide to estate settlement

Estate Procedures for

Law Office of E. Chama Road Telephone: (480) Scottsdale, Arizona Facsimile: (480)

Settling A Decedent s Estate

What to Do After the Death of a Loved One

FINAL DETAILS Practical Considerations and A Guide for Survivors When Death Occurs

Getting Organized. The purpose of this chapter is to discuss what needs to be done soon, but not necessarily immediately after a death.

Caring for a. Loved One s Estate. Serving as a Personal Representative

EXECUTOR S CHECKLIST. Estate Name: Executor Mailing Address: Executor Name: Executors Responsibilities

DEATH OF YOUR SPOUSE

WHAT TO DO WHEN A DEATH OCCURS

YOUR ESTATE PLANNING RECORD

Riddle & Akiens, LLP

Seven Steps to Handling Your Loved One s Estate

Your Personal Financial Inventory. For documenting your family s important financial information

Debts After Death. Who has authority after death? Who has authority after death?

Family Records Organizer

A. ALTERNATIVE METHODS: KNOWING YOUR OPTIONS

United States Estate (and Generation-Skipping Transfer) Tax Return

Revocable Trusts WHAT IS A REVOCABLE TRUST?

PERSONAL AND FINANCIAL RECORDS

OVERVIEW OF THE CALIFORNIA PROBATE PROCESS

Loss of Spouse/Family Member Checklist

What is Estate Planning?

Recorded Webinars Questions/Answers from Webinars Estate Planning presentations in Counties 35 Estate Planning Publications

PUT YOUR HOUSE IN ORDER

Milestone Financial Group January 09, 2015

Estate Planning Questionnaire

ESTATE TAX RETURN ORGANIZER FORM 706

INSTRUCTIONS FOR TRANSFERRING ASSETS TO TRUST

LAW OFFICES OF BRADLEY J. FRIGON, LLC PROBATE INTAKE FORM PERSONAL INFORMATION

Helping you through this difficult time.

T HE TRUTH A BOUT PROBATE

A. PRACTICAL PROCEDURES FOR OPENING ESTATE ACCOUNTS

WILLS & ESTATES PROBATE

ECKBERG LAMMERS ATTORNEYS AT LAW. Minnesota Estate Planning Guide

Many people assume probate is a timeconsuming,

Web: Blog: FUNDING REVOCABLE TRUSTS

Probate in Virginia. Administration of Estates. Prepared and issued by the Virginia Court Clerks Association Virginia Court Clerks' Association

PLANNING FOR THE FUTURE:

FINANCIAL & ESTATE PLANNING ORGANIZER. R.W. Rogé & Company, Inc.

The Kreager Law Firm 7373 Broadway, Suite 500 San Antonio, Texas (210) Estate Planning Information

Organizing Your Assets: Estate Planning

INFORMATION FOR MY EXECUTOR. The information in this booklet will be helpful in settling my estate.

WHAT YOU NEED TO KNOW ABOUT SETTLING AN ESTATE. A handy guide to the steps necessary to settle an estate in Maryland.

SWIFT DATOO & COMPANY LAW CORPORATION

Dennett, Craig and Pate

Loss of Spouse Checklist

PERSONAL REPRESENTATIVE TRAINING MANUAL

County of Ocean, New Jersey. Jeffrey W. Moran, Surrogate 118 Washington Street, P. O. Box 2191 Toms River, NJ Phone:

A Resource and Planning Guide for Beneficiaries. Looking Ahead a 12/11

City Securities Corporation December 02, 2014

Family Protection Worksheet

What to do When a Loved One Dies:

Checklist to Use When A Person Dies

Beneficiary Designation

Large or small, whatever the size of your estate, it is important to plan. If you do not

Personal Representative

PROBATE ADMINISTRATION FORM

Your guide to Estate Settlements

Application for Mississippi Medicaid Aged, Blind and Disabled Medicaid Programs

PROBATE AND ESTATE ADMINISTRATION

A Guide to the Administration of Decedents Estates in Virginia

REVOCABLE LIVING TRUST

I. INTRODUCTION DEFINITIONS

Trust Estate Settlement Process

The Basics of Probate

The parties therefore agree as follows:

UNDERSTANDING PROBATE. The Family Guide PREPARED BY ROBERT L. FERRIS

***You may complete this form electronically by filling in the Word Document, or print and complete by hand*** Personal Information Your Spouse

Estate Administration

Compliance Adviser. Hotline:

Steps to Take After Your Loss. Survivor s Resource. The Baptist Foundation of Oklahoma Estate Planning & Gift Services

BEDROCK DIVORCE ADVISORS, LLC

Probate and Estate Planning Section State Bar of Michigan. Probate Administration of a Decedent s Estate

How to Claim the Personal Property of Someone Who Has Died: Do-It-Yourself Affidavit Procedure for Small Estates

The Basics of Estate Planning

Small Business Lending Small Business Capital LLC an SBA Authorized Direct Lender LOAN APPLICATION

2013 ESTATE PLANNING WORK SHEET. (Married Couple) DATE: / /

Love Letter to My Family

Transcription:

A Clear Direction Lighting The Pathway Of Probate And Estate Administration

Items To Locate: As soon as possible after your loved one s death, these items should be located and given to the person responsible for seeing to the deceased s final affairs: Directives regarding funeral arrangements Prepaid funeral or burial contracts and related documents Original last will and testament Trust agreements (if any) Premarital agreement (if any) Bank statements and account information Keys to any safe-deposit boxes Statements for retirement and brokerage accounts Automobile, trailer and other vehicle titles Tax returns and tax documents (including 1099 and W-2 forms) Birth and marriage certificates Military discharge documents Stock certificates and savings bonds Social Security card Copies of bills owed by the deceased Deeds and tax information for real estate The information you obtain from this brochure is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and emails. Contacting us does not create an attorney-client relationship until a valid attorney client contract is signed. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

Estate administration after a person s death involves: Gathering the assets of the estate Paying debts Distributing remaining assets The McIntosh Law Firm can assist in every aspect of estate administration. Contact us at (704) 892-1699. What Assets Are Owned By The Deceased? There are several types of assets in which the deceased may have owned an interest: Solely owned assets Jointly owned assets Assets held in trust Business interests Life insurance proceeds Retirement accounts Open contracts Non-Probate Assets If the deceased designated a beneficiary to receive an asset upon the deceased s death, it is known as a non-probate asset and may not require any type of estate administration or court filings. These assets pay directly to the named beneficiary and are not transferred under the deceased s will. They include: IRAs 401(k) plans Life insurance policies Annuities

Bank accounts owned jointly with rights of survivorship do not require estate administration (as long as there is a surviving co-owner). If the deceased owned an interest in a business, the governing documents of the business may provide for the transfer of the deceased s interest without court involvement. In addition, any assets held by the deceased in a trust will likely avoid probate court involvement. Avoidance of Probate in Small Estates In cases where the personal property owned solely in the name of the deceased does not exceed a certain value (currently $20,000), the family can avoid probate procedures by using one of the procedures below: Spousal and Children s Allowances Affidavit for Collection Summary Administration You may need an attorney s help to guide you through these processes. Spousal and Children s Allowances Under North Carolina law, the surviving spouse currently is entitled to receive an allowance of $30,000 for his or her support after the deceased s death. This allowance is payable out of the deceased s personal property (not real estate). In addition, children under 18, under 22 and enrolled in college full time, or under 21 and disabled are entitled to receive an allowance of $5,000 each.

Affidavit for Collection If the net value of the deceased s personal property does not exceed $20,000, the family may transfer that property (often a motor vehicle or bank account) by filing an Affidavit for Collection with the probate court. This procedure eliminates many steps required in a formal estate administration and may be used even if the deceased owns real estate. However, it is recommended that an attorney be consulted in such a case. Summary Administration When the deceased leaves a surviving spouse as the sole beneficiary, the surviving spouse may file a petition for Summary Administration. This procedure can be used regardless of the value of the deceased s assets as long as the spouse is the only heir or beneficiary. The spouse must assume personal liability for all liabilities of the deceased that were not discharged by reason of death and liability for all taxes and valid claims against the deceased, to the extent of the value of the property received by the spouse. Formal Estate Administration In cases where assets owned solely in the name of the deceased do not qualify for one of the previous procedures, a formal proceeding with the probate court to supervise the appropriate transfer of the deceased s assets is necessary. An attorney experienced in estate administration can make this process efficient and cost-effective.

Reasons to Consult an Attorney If it is unclear who should receive the deceased s assets If there is conflict among the heirs and/or beneficiaries If the total value of all of the deceased s assets (including both probate and non-probate assets) exceeds the amount subject to federal estate taxes (currently $5,000,000) If there is real estate or a business involved Attorney Amy Shue Isaacs has over 13 years of experience with probate and estate administration. To learn more or schedule an appointment with Amy, contact her at (704) 892-1699 or Amy@McintoshLawFirm.com. 209 Delburg Street, Suite 203, Davidson, NC 28036 Mailing Address: P.O. Box 2270, Davidson, NC 28036 (704) 892-1699 Fax (704) 892-8664 McIntoshLawFirm.com