Probate & Estate Administration Attorney in Boise, ID
When a loved one has passed, the pain you can feel is excruciating. This can only be prolonged when undergoing the difficult legal process of probate, which the state mandates to settle the estate of your loved one. At Senior Edge Legal, our firm can compassionately guide you through the process of Boise probate & estate administration in Ada County, no matter what your loved one’s estate includes.
Our team can make sure the administration of your loved one’s estate goes smoothly, enabling beneficiaries to get what they are due while honoring your loved one’s wishes.
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What Is Probate?
Probate is a court-supervised process of approving your Will after your death, removing your name from titles, making sure all the debts are paid and determining who is to inherit your remaining assets. Legal heirs or other persons have the opportunity to voice any objections. Probate is a public process allowing anyone to read your Will and learn about your estate. The probate process, not your family, determines how much it will cost, and how long it will take.
Because probate is in the local court system, there are court costs and attorneys’ fees to be paid. In Idaho, for a single person, it often takes a minimum of 12 months to go through a probate process and often longer.
Minor Children and Probate
If you leave assets to a minor child or grandchild in your Will, and do not specify how it should be managed, the Court will appoint a person to “protect” the child’s assets until that minor reaches age 18. Including a Trust in your Will allows you to decide who will handle the minor’s inheritance, but the Will still must go through the probate court process before the Trust can go into effect.
Non-Probate Transfers and Probate
Some assets do not go through probate. If an asset has a beneficiary designation, such as life insurance, annuities and retirement benefits, that asset will be distributed directly to the named beneficiary without the need of a court order. A “Paid on Death (POD)” bank account will also be transferred to the named person after the account owner dies with no court involvement. A potential problem with these transfers may be that a young child ends up with the asset and you don’t know who will manage it for them.
How the Team at Senior Edge Legal Can Help
Probate in Boise is not an easy or quick process. However, having an attorney present throughout the entire case can ease this burden. At Senior Edge Legal, we can assist the executor, trustee, or beneficiary in navigating the process of probate and estate administration. One of our top priorities will be protecting and preserving the assets held within the estate, as nearly 5% of an estate can be eaten up by probate-related costs.
When you work with Senior Edge Legal, we can offer you the following services during probate and estate administration:
- Probating the will and assisting executors. In Boise, many estates of a certain value need to pass through the legal probate process. This establishes the validity of the will and gives the executor named in the will the power to administer the estate in accordance with the wishes of the deceased. Our firm can assist an executor with the probate requirements and ensure the estate’s legal compliance.
- Handling intestate estate administration. In Idaho, when a person dies without a will, the state will govern the distribution of the estate via intestate law. Our team can work closely with heirs to help them through this administration process. We can make sure they receive what they are entitled to under these state guidelines.
- Estate accounting and beneficiary agreements. If you are the executor or state-appointed administrator of an estate, you must account for all estate-related financial activities. You must also give a presentation regarding all accurate accounting to the beneficiaries of the estate. At Senior Edge Legal, we can help you prepare these accounts and make sure all estate transactions are recorded and reported properly.
Speak to a Probate and Estate Administration Lawyer Serving Boise Today
Should you establish an estate plan that avoids probate? Talking to a qualified estate-planning attorney is the best way to learn what is best for you. At Senior Edge Legal we specialize in helping you create a plan that fits your unique needs and avoid costly mistakes. Call and make an appointment with Susan M. Graham, a Certified Elder Law attorney by the National Law Foundation who can look at your overall estate picture to decide what makes the most sense in your case.