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Facing an estate planning, probate, real estate, business, elder law, or prenuptial agreement matter often comes with questions. While our blogs cover these topics, we’ve also provided a helpful FAQ to offer quick guidance.

Before you dive in, here are some of the most commonly asked questions we get:

What is Probate?

Probate is a legal process may include probating a will, determining the identity of the decedent’s heirs, satisfying a decedent’s debts, and distributing a decedent’s assets according to an heirship determination or the terms of the decedent’s will.

What is Estate Planning?

Estate planning is an umbrella term used to describe the plan that you design and implement during your lifetime to address issues that may arise upon your death as well as the distribution of your estate and assets upon your passing. Estate planning often includes preparation of a will, powers of attorney, and may include the preparation and funding of a trust.

What is the Difference Between a Deed and a Purchasing Contract?

Deeds, whether they be special warranty deeds or general warranty deeds, are the documents signed by the grantor (or seller) that actually conveys or transfers the property to the grantee (or buyer). Oftentimes in a real estate transaction, a purchase contract may be necessary. The purchase contract outlines the terms of the purchase such as the price and a legal description of the property, but it may also include things such as option periods, down payment information, HOA information, title company preferences, and other disclosures.

Why Should I Hire a Business Lawyer?

A business lawyer can advise you and help with both simple and complex business matters, including establishing an LLC, complying with state law and local regulations, drafting contracts, selling business assets, him and representing you and your business in legal matters.

What is a Guardianship?

A guardianship is the legal process where a court appoints a person to make decisions and act on behalf of an incapacitated person or a person under a legal disability. This may include appointment of a guardian for a person who is under the age of 18. The authority granted to a guardian may be limited by the court or it may be broad depending on the unique situation of the individual needing the guardian.

What is a Prenuptial or Postnuptial Agreement?

Marital agreements, both prenuptial and postnuptial agreements, are legal contracts entered into by couples either prior to a marriage or after a marriage. While these agreements are commonly executed in anticipation of a potential divorce, they may also be utilized in anticipation of death and as a part of a comprehensive estate plan. One of the purposes of a marital agreement is to identify separate and community property of each of the parties. This is essential in blended family situations where a party wishes for his or her assets to pass to his or her biological children but not to the children of the other party. This is only one scenario where marital agreements are helpful. To discuss in more detail, please contact me at 903-944-7800.