Are You Looking for a Probate Lawyers in Omaha? We Have You Covered
Winding down an estate can be a complicated process for family and executors, and they often wonder if they should hire a probate attorney. It never hurts to have to have legal counsel when drafting a will or thinking about your estate. If you want what’s best for your loved ones, talk to a lawyer and learn what you can do to make the probate process easy on your loved ones.
What Does Probate Mean?
Simply put, probate is the legal process that deals with the transfer of one person’s assets to another if that person passes away or becomes incapacitated. Everyone’s estate goes through probate, but the process can be simplified whether you have a small estate or a big one.
Probate is an area of law that is used to establish the following:
The validity of a person’s will
Recover insurance payouts
Resolve the deceased’s tax issues with state and federal agencies
It determines how a person’s assets will be divided when they pass away or are no longer capable of making such decisions
Omaha’s probate court is located at:
County Court Probate Division
1701 Farnam St.,
Omaha, NE 68183
When is Probate Necessary?
Not everyone’s estate will go to probate court, but all cases go through probate unless they are eligible for the simplified process. Individuals with little property and a small estate may avoid the probate process. An executor can take steps to simplify the probate process, but if one relative, creditor, or other individual contests the deceased’s will, probate will be necessary to resolve matters of contention.
However, the following circumstances may require a probate hearing:
The deceased’s will is not clear about how assets should be divided among the heirs
A will was signed under coercion, or there is no will
The deceased was mentally incapable of signing a will
There are large tracts of real estate to divide among heirs
Probate can be a costly process because it usually involves multiple court appearances and attorney fees. If a will is contested, the legal battle can drag on for months or years. Most people would be horrified about their family or loved ones fighting over their estate, but it happens so often. An executor can take steps that will make the probate process less contentious and costly.
With planning and the wise advice of a probate lawyer, you can avoid estate taxes which your family will have to pay out of their inheritance.
Why is a Will Important?
A will is a legal document that you draft to outline your wishes after your death. Although all cases will go through probate so provisions can be implemented, the process can be done simplified and free of acrimony with thought and careful planning. You can draft a will on your own if your estate is small. But if you have a broad range of assets including property, a valuable collection such as classic automobiles or art, or want to be specific about how your property is divided, you need to carefully plan your estate and draft an explicit will that is impossible to challenge. You need a will for the for the following reasons:
Make your funeral and burial wishes known
It can clarify if adopted children and step-children are also entitled to a portion of your estate
Set up trusts and charitable organizations
Designates which items should be handed down to a loved one
Having a will won’t keep your estate out of probate, but it can make your wishes clears so that there is no question about your how your estate should be handled. A probate lawyer will examine your financial documents, property, and assets and give you their honest advice about how to best handle your estate.
What if I Have a Small Estate?
If you have a small estate, the executor can request a simplified probate procedure under Nebraska law, but to transfer property to living relatives probate is necessary. You may be eligible for a simplified probate process if your estate is valued at $100,000 or less.
USAttorneys.com has listings for experienced and skilled probate lawyers in Omaha to help you with all aspects of your estate, before and after your death. It should give you peace of mind knowing someone is going to carry out your wishes and act in the best interest of your loved ones.
Other Ways to Simplify Probate
You can simplify probate by doing the following:
Setting up a living will or trust- A trust fund allows you to distribute funds over an extended period and helps reduce or eliminate the estate tax.
Transfer-on-death accounts- These accounts pay a designated executor upon your death.
Joint ownership- By naming a spouse or child as joint-owner, you can avoid probate.
Joint tenancy-Property and assets can pass from one person to the next without probate when you set up a joint tenancy.
Why Should You Hire a Probate Attorney?
Transferring property and assets seem simple, but there are so many things for an individual to think about and decide. You can’t make the best decision about your estate if you don’t know what it entails. USAttorneys.com recommends you speak to an attorney who knows their way probate court.
One of our probate attorneys in Omaha can assist you with the following:
Appoint an executor
Resolve any outstanding tax issues and debts
Execute your will as written and mitigate any issues among heirs
Oversee the sale of assets
Distribute cash and assets to the rightful heirs
A probate lawyer can also help you plan for difficult situations like a challenge of your will by sparring siblings. Sadly, not all heirs are happy with a will and want to argue over money and assets. Natural born children
Call and arrange a consultation with a probate lawyer in Omaha today and learn more about estate planning and the probate process. Your initial consultation is free and confidential.
USAttorneys.com Omaha office:
1299 Farnam Street
Omaha, NE 68102