www.colourware.co.uk

Probate is the lawful process that takes place after someone dies which facilitates the distribution of their assets and settlement of their debts. When an individual dies, their property and assets (referred to as their estate) are left behind. Probate is the legal process used to identify, value and finally distribute the assets of the deceased person’s estate, in accordance with the deceased person’s Will (should there be one). While it is possible to handle probate without an attorney, it can be a complex and time-consuming process.

The probate process starts when an executor or personal representative named in the will files a petition with the court initiating the process. If there is no will and no legal attorney to appointed to represent the deceased and their estate, the court will appoint an administrator to manage the estate.

During the probate process, the court will verify the validity of the will (if there is one), identify and catalogue the deceased person’s assets, firstly paying any debts and taxes owed by the estate and then distribute the remaining assets to the beneficiaries named in the will or, according to the law.

Probate can be a time-consuming and complex process, especially if the deceased person had a substantial or complicated estate. It is therefore highly recommended to work with an attorney who specialises in probate Sunbury to help navigate the process and ensure that everything is handled properly.

In some cases, probate Shepperton can be straightforward and simple, for example, if the estate is small, with few assets and a clear distribution plan, probate may be handled by the executor. However, if the estate is intricate, with significant assets, debts, or tax matters, or if there are disputes among heirs or beneficiaries, it is advisable to work with Lodge Legal Probate attorneys, who specialise in probate Walton and can assist with the navigation of the process. Working with an experienced probate West Byfleet attorney can help to ensure that everything is handled properly and that the estate is settled in a timely and efficient manner.

Lodge Legal solicitors will help you with the legal requirements of probate, including filing the necessary paperwork, complying with deadlines, requirements and communicating with the court and other parties involved in the process. They can also provide guidance on the distribution of assets and help to resolve any disputes that may arise.

It’s also a good idea to start thinking about making these arrangements once you reach the age of 18 years old. At this age, you may want to consider creating a will and designating beneficiaries for your assets, as well as selecting a person or persons to act as your executor, who will manage your estate after your death. It’s important to keep in mind that these arrangements are not set in stone and can be updated as your circumstances change. It’s always a good idea to consult with Lodge Brothers Legal attorneys to help you create a plan that suits your needs and goals.

The passing of a loved one can change your world in an instant. In one moment, everything is as it should be, and then within a heartbeat, it can all come crashing down. Sometimes we are prepared for the passing of our loved one in that we know it is coming but it does not take away the impact of that final moment when it actually happens. No matter how mentally prepared you may be, especially when a person has an illness for an extended period of time, there is always that sense of hope that things will be ok. When that call comes and hope dissolves, you need a support structure in place to help you navigate the unknown road ahead.

Grieving loved ones, are advised to include, in their support system, a probate legal expert.

When it comes to the legalities associated with the end of life, Lodge Brothers Legal Services probate Shepperton knows what is needed to the executor of an estate is responsible for the probate West Byfleet process which authenticates a last will and testament of the deceased person.

Should the deceased have a will in place, Lodge Brothers Legal Services have the training and expertise required to facilitate the court-administered legal process of probate Walton. Even more importantly, when an individual does not have a last will and testament, the process can become significantly more difficult. While families deal with the immense emotional grief which they must face when their loved one passes, Lodge Brothers Legal Services solicitors take care of the legal logistics.

There are 4 steps to the probate Sunbury process. Firstly, the will, should there be one, has to be proved for authenticity. This is required to make sure that the Will is the most valid and latest version. In order for this to happen, a case is filed at the court. Once the court has validated the Will, the court will be in contact with the relevant beneficiaries and creditors. Before the beneficiaries can inherit assess indicated in the Will, creditors will need to be paid. Thus clearing all debts and outstanding taxes, so that the court can process the remaining assets as stipulated by the Will. At this stage there may be objections raised either as a result of complicated family dynamics or resulting from the process whereby all debts were settled. Should the debts out-weigh the assets, beneficiaries would not be advised and this may cause financial and emotions stress for the family. Should the estate be unaffected by the debtors payments, an inventory of the properties and other assets such as jewelry, furniture and other possessions. The assessment covers everything from bank accounts affected by joint-tenancy with rights of survivorship, to distinguishing between probate or non-probate assets and properties.

At the end of the probate process the assets will be distributed according to the instructions found within the Will. The process of executing probate and closing an estate can be a long and difficult one and your Lodge Brothers Legal Services attorney will be available for consultation until such time as all details are legally finalised.

A lasting power of attorney document serves as a legal instruction which allows you, the donor, to appoint someone, generally an attorney who has expertise and is permitted to provide legal advice, for the purpose of making decisions on your behalf when you are not able to, for instance should you become mentally or medically incapacitated. Lodge Brothers attorneys specialise in providing the Lasting Power of Attorney Guildford service and can direct you in setting up this legal document. There are 2 types of lasting power of attorney; one for health and welfare and the other for property and financial affairs and a donor has the choice to make use of either, or both types.

The first step to appoint your Lodge Brothers attorney who will provide you with the relevant paperwork to complete and advice you regarding the 2 types of lasting power of attorney Ashford which is available and what they cover. For example the Health and welfare power of attorney covers decisions pertaining to your daily care and lifestyle routines, medical care options, care home options and aspects relating to life-sustaining treatment such as which heroic measures or extraordinary procedures that you wish therapists to do in order to either save or extend your life when you are unable to provide instruction. All aspects relating these aspects are very personal and can make a monumental difference not only to your life, but the lives of your family members which is why engaging with a attorney for this purpose will simply the process and ensure that your choices are safeguarded.

When it comes to property and financial affairs, the Lasting power of attorney Feltham will guide decisions relating to aspects of your bank, building society, account payments, benefit collection and the selling or distribution of your home and assets, allowing you to have the final say as to how these aspects should be managed. This, in conjunction with your last will and testament will ensure that your decisions about your estate and finances are executed legally and with no contest, before your departure, if you are no longer mentally or medically able to refer.

Once you have fully consulted with Lodge Brothers in terms of your options, the paperwork will be completed and lodged with the Office of the Public Guardian which can take to 20 weeks to be finalised, for which there is a nominal cost of (as per gov.uk in 2022) £82.

If a Lasting power of attorney has not been registered at the point at which mental capacity is lost, a deputy will be appointed by the Court of Protection, however this complicated and costly process does not ensure that your personal wishes are met, however all legal aspects relating to a person’s care and well-being will be considered on an on-going basis, as required. The family will not be able to provide input as to what personal care should be or what decisions should be made regarding your finances. This can leave the family in a vulnerable position in the long run.

We can advise on making LPA’s, prepare the documents and deal with registration at the Office of the Public Guardian (“OPG”).

Contact Lodge Brothers Lasting power of attorney Woking and Lodge Brothers Lasting power of attorney Weybridge to speak to us and find out how we can assist you.