Probate and Trust FAQ


General Info - Probate

What does "probate" mean? What is the purpose of probate?
How long does the probate process take? How does probate begin & end?
What costs are involved to initiate and complete the probate process?
How are Federal and State taxes owed by the deceased, by the estate, dealt with during probate?
How, why and when is probate a necessary legal process? Does this apply to all states?
Where does probate physically take place, where is it initiated and managed from?
What exactly is the "Uniform Probate Code"? Does this apply to probate of inheritances in all states in the U.S.?
Can we take care of probate without an actual "probate attorney" being involved?
Is probate mandatory after someone passes away? How could we completely avoid probate?
During probate, how do we deal with debts left behind by the deceased?
Who is responsible for handling all the stages of probate, beginning to end; often taking 2 years or longer?
What do we do if the deceased owned land, a mobile home or houses in various states?
What are the chief duties of an Executor or Personal Representative during probate?
Is probate actually useful? If so, in what ways?
If I do agree to serve as an Executor during probate, do I get paid a salary or fee?
Do all assets, stocks, bonds, property, cash, etc. have to go through probate?
What happens if the Personal Representative of the probate does an incomplete or shoddy job?
How are creditors of the estate (parties the deceased owed money to) dealt with during probate?

General Info - Probate & Will

Is it always necessary to go through probate if there is a valid Will?
If I am named as Executor in the Will during probate, do I have to take on this responsibility?
How should probate unfold with an uncontested Will?
If the Will is missing, how would one determine if there was a Will to begin with?
What does one do if there is no valid Will, or the Will cannot be found?
What is involved in a formal Will contest during probate?
What often happens if there are formal objections made to the Will during probate?
How do I protect my Will to make sure no one can challenge it?

General Info - Trusts

What exactly is "a trust"? What makes it a legal estate instrument?
What are the most popular forms of trusts in the US?
What is a trust estate?
What is the difference between a Trustor, a Trustee and a Beneficiary?
What are the duties and responsibilities of a Trustee?
How do I establish a Trust that is in line with my, and my family's, specific needs?
Where would a Trust be physically located?
Can one create a trust, serve as the trustee and also be the trust beneficiary?
How is a "trust agreement" different than a "declaration of trust"?
What are some of the different forms a trust instrument can take?
What are some of the ways a trust can be an effective estate planning instrument?
What type of people should create a trust?
How much does it cost to create and maintain a trust?
When is a good time in ones life to plan and create a trust?
How does one go about selecting trustees and successor trustees?
What is "conservatorship" all about, in relation to a trust or probate?
How can a trust prevent a conservatorship proceeding?
How could a trust legitimately lower the federal transfer tax liability of an estate?
What protection is created for my family by having a "revocable living trust"?