Blog Layout

Insight from the Law office of Joseph Marino, PC

In a previous article, we talked about the facets of elder law, including how representatives can help you navigate home health care, estate planning, guardianship, and conservatorship, and assigning power of attorney.

In this article, we will pick up where we left off and take a look at how elder law professionals help you deal with the probate process, as well as what to keep in mind when you are looking for an elder law representative.

How Can Elder Law Help With the Probate Process?

Do you know what the probate process is? When someone passes away, even if they kept meticulous records and everything is in order with their wills and last testaments, nobody automatically gets what they have been promised. There are further legal affairs to attend to. This is the probate process, and it happens in specific probate courts.

Why do you not get access to assets as outlined in the will? It’s because banks are not considered legal experts when it comes to estate planning and asset management. This is why they may refuse to simply hand over the assets mentioned in the will to the loved ones of the person who has just passed on.

Instead, the matter is moved to the probate court, where the inheritor needs to file a petition. Then, the court will hear any claims issued by other challengers and claimants, and then it distributes the assets as dedicated in the will.
Courts anywhere are expensive, but probate courts promise to make the process messy for all parties involved. Hiring an elder law professional early on can ease you through the hassle faster and make sure you get what has been promised in the will.

Tips for Picking the Right Elder Law Professional for You

Start Early
There is nothing wrong with engaging an elder law professional before the passing of the elder. In fact, we recommend it. Taking care of wills takes trust, and the sooner you engage a professional, the more time you have to build trust and get to know one another.

Be on the Lookout
Engage professionals who have also been employed by people you know and trust. This way, you know you can trust them. Otherwise, you can rely on word of mouth, but it can be misleading. 

Interview Prospective Attorneys
A reputable elder law attorney will transparently answer questions about fees and services. Not every attorney will be a perfect fit, so be sure to ask how long they have been in practice, what percentage of their practice is devoted to elder law, and what information is necessary for the initial consultation.

Elder Law Services From the Law Offices of Joseph Marino 
That wraps it up for this article! Remember, it is your family who will have to deal with the hassle of the probate court after you pass. Make it easier on everyone by using services from the well-established law offices of Joseph Marino. Reach out for a consultation today. 

Insight from the Law office of Joseph Marino, PC

01 Feb, 2023
5 Ways of Dealing With the Impact of a Foreclosure 
30 Dec, 2022
As we enter the new year, the last thing anyone has on their minds is elder law—but perhaps you should make it a New Year’s resolution to sort out your affairs this year.
The Benefits of Working With an Elder Law Attorney - Joseph Marino, PC
24 Oct, 2022
Elder law attorneys like those at the Law Office of Joe Marino, PC, can help you with this process by providing advice, guidance, and support. Here are some of the things an elder law attorney may help you with:
Understanding the Probate Process: Elder Law Revisited The Law Office of Joseph Marino
20 Sep, 2022
So, what is the probate process? How can you make sure everyone will get what you want them to get? Let’s find out.
Elder Law & What it Can Do For You from the Law of Joseph Marino
18 Aug, 2022
Even without a global pandemic to shut everything down, elderly people are at a disadvantage because the world is literally changing all around them. They have to adapt to and adopt new technologies that make little sense to them just to stay relevant.
What Is Fractional Investing in Real Estate?
By Law Office of Joseph Marino 15 Jul, 2022
There are numerous methods of investing in real estate nowadays. Did you know that you don’t have to buy a property outright in order to reap the benefits of investment? That’s right—with fractional investing, you can purchase shares in commercial or residential property and earn passive income.
Show More
Share by: