Legal Documents at THB Law Group

Estate Administration

The death of a loved one can be emotionally taxing, especially when the loss is unexpected. Combined with the need to navigate the complexity of probate proceedings, this can cause additional stress during an overwhelming time.

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What to Do When Someone Has Passed

Our goal is to make the estate administration process as easy as possible for the family of deceased, through prompt and professional service.

What Steps Should Be Taken After A Person Dies?

    • A legal pronouncement of death should be made, either by contacting a doctor or nurse, who can assist arranging transport of the deceased.
    • Notify the deceased’s doctor or the county coroner
    • Notify family and friends
    • Notify the deceased’s employer

Who Should be Contacted After a Person Dies?

    • A trust or estate attorney
    • Accountant or tax preparer
    • Life Insurance Agent
    • Social Security or any other agency providing benefits to the deceased

Our office is experienced in assisting in all aspects of estate administration to ensure that the deceased individual’s estate is addressed in a careful and accurate manner. We work in both North Carolina and South Carolina probate courts, and are well experienced in the laws and procedures.

Probate with a Will (Testate)

Have you been named an Executor in someone’s will? You may have a lot of questions regarding the filings, fees, procedures, and responsibilities of your position. Probating a will as an Executor is done through the county court system, which determines the deceased individual’s heirs, their assets, and their liabilities. An executor is the individual responsible for carrying out the deceased person’s wishes while complying with court procedure.

Probate Without A Last Will & Testament (Intestate)

Do you have a loved one who has died without a Last Will and Testament? An individual who has died without a will is referred to as having died intestate. Many people are worried that when someone dies intestate that the state will step in and take the deceased person’s assets. This is simply not the case. What is important is that the deceased individual’s assets and liabilities are accounted for, and any distributions from the estate are made to the correct beneficiaries.

Administering the Estate

When an individual has died intestate, there has been no person nominated by the deceased individual to act as administrator to the estate. In this case, a person may apply to the court to be appointed to this position in an effort to facilitate the administration of the estate. The law outlines the procedure for this appointment, and it is beneficial to have an attorney to help you navigate the various rules and deadlines you will need to comply with.

Small Estate Information

This may be an option for an individual who passes either testate and intestate, and in order to qualify for this proceeding the value of decedent estate must be valued less than the amount as defined by law, as well as complying with other potential qualifiers. A small estate proceeding can save both time and money in comparison to a full estate. Contact our office today to see if you qualify under your state’s laws.

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    Probate Litigation

    It is unfortunate, but occasionally there are individuals who try to take advantage of a difficult time by intentionally mishandling a deceased person’s funds or other assets. Probate litigation is meant to not only prevent any injustice from occurring, but also to address any wrongdoing, and hold the individual responsible. There are numerous circumstances where probate litigation may be necessary, and if you suspect you need assistance, you should contact an experienced attorney sooner rather than later.

    When is Probate Litigation Necessary?

    • You have a family member, friend, or organization that you believe may be taking advantage of an individual
    • You believe that money or other valuables are missing from the estate
    • You suspect a will may be invalid or fake
    • You believe that the executor or another individual has taken possession of or improperly disposed of assets
    • You believe that a creditor’s claims against the estate may be incorrect or invalid
    • The will or other estate planning documents may have been signed when the individual did not have legal capacity

    We fight to protect your rights and help to administrate justice for you and your loved ones. Here at THB Law Group, we know that no one likes to fight with family, so allow us to use our knowledge of the system and complex legal situations to help you with your needs.

    Estate Administration Resources

    We are always trying to keep you up-to-date on the latest information and practices. For more information about Estate Administration Resources, please check out our resources below.

    Real Estate Judge at THB Law Group

    Alternatives to Guardianship

    One aspect of estate administration is having documents in place to secure any future need for a guardian, whether it is for a minor or an adult. This may include a Power of Attorney, Trust, Declaration of Guardianship, or a Derivative. Restrictions on a guardianship can be as limited or as broad as needed. Considering the topic of guardianship before the need arises is the best way to ensure that the individual has had a part in taking care of their future with their interests in mind.