Stephen A. Rei

About Stephen A. Rei

When a person dies, there are a variety of legal issues that must be addressed as their survivors carry out their last wishes and settle their affairs. A petition will be filed in Probate Court, and certain procedures must be followed before property can be distributed to their heirs.

The Probate Process

Following a loved one's death, the person named as the executor of their estate will file their will in Probate Court. They will then take inventory of the estate's assets, file a tax return for the estate, pay any outstanding debts owed by the estate, and distribute the assets to the deceased person's beneficiaries.

Probate can be a lengthy, expensive process, and some people will want to do whatever they can to avoid probate or minimize its effects on an estate. In some cases, Probate can be avoided by placing assets in a trust. Depending on state laws, some estates may be able to avoid probate if their total value falls under a certain threshold.

One of the issues that may arise during Probate is the validity of the deceased person's will. A person's heirs or creditors may contest a will after it has been filed in probate court, arguing that it is invalid. Reasons for contesting a will include:

• Mental capacity - A person may argue that the deceased person did not have "testamentary capacity," meaning that they were not of sound mind when they executed their will or did not fully understand what they were signing.

• Undue influence - A party may claim that someone exerted influence on the deceased person and convinced or coerced them to change the terms of their will in a way that went against their actual intent.

• Fraud - A person may try to show that a will was altered after being signed by the deceased person

The professionals at the Law Office of Stephen A. Rei stand ready to guide you through the pivotal decisions to help you move forward with your life. To schedule a Free consultation, visit us online or call 800-273-3731 today.