Legal Question in Wills and Trusts in Idaho

Probate?

Property division is clearly listed in Father's will. Why does this have to go through Probate?


Asked on 4/25/99, 6:29 pm

2 Answers from Attorneys

Alan Pransky Law Office of Alan J. Pransky

Re: Probate?

Probate is a process that supervises the administration of the assets of a deceased.

It protects the creditors of the estate who must be paid as well as the heirs. It creates

the ability to resolve disputes in a judicial forum.

Alan Pransky

Law Office of Alan J. Pransky

20 Eastbrook Road


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Answered on 4/29/99, 10:55 pm
Melody Stickel-Martinez Melody Stickel-Martinez, Esq.

Re: Probate?

FLORIDA LAW: One way to avoid probate is to have all assets in joint names or have a beneficiary on the asset. If the assets that you are referring to have joint names or beneficiaries attached to it, than probate may not be necessary. This can get more complicated however, but based upon your facts if property is clearly stated in your father's will and it is in his name only, then probate may be necessary. Also, probate may not be necessary even if in his name only. This depends on the asset and out standing debts if any. I am not clear as to what type of assets or property you are referring to. Furthermore, if there is a possibility of out standing creditors or other bills, probate may be necessary.

Melody Stickel-Martinez

Melody Stickel-Martinez, Esq.

10031 Pines Boulevard, Suite 217


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Answered on 4/26/99, 10:30 pm


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