Estate Lawyer

An executor can resign after probate begins, but they must get court approval first. Resigning without following state-specific procedures can lead to fines, delays, or even personal liability. Losing a loved one is hard enough without the added stress of managing their estate. But what if you’ve taken on the role of executor and realize…

Most of the time, probate is NOT required if assets are jointly owned with rights of survivorship. The surviving owner automatically inherits the property. But probate may still be needed if: If you and your spouse (or family member) own everything jointly, you might assume probate isn’t necessary. And in most cases, you’d be right!…

Probate is not always required when a spouse dies. Whether you need it depends on: Example: If you and your spouse owned a home as joint tenants with rights of survivorship in Florida, the house skips probate. But if your spouse owned a separate investment account with no beneficiary, probate may be necessary. Losing a…

When a loved one passes away, their property often becomes a central focus during the probate process. But who actually owns the property while it’s going through probate? The answer is straightforward: the deceased person’s estate owns the property during probate. A court-appointed executor or administrator manages it until debts are settled and the property…

During probate, the deceased person’s estate legally owns the property. A court-appointed personal representative (executor or administrator) manages it under court supervision until debts are settled and heirs receive ownership. Understanding Property Ownership During Probate When someone dies, their assets—including real estate—enter a legal limbo until probate concludes. In South Carolina, probate ensures debts are…

Did you know that 1 in 3 South Carolinians will face probate court after a loved one’s passing? With its sprawling beaches, historic Charleston homes, and family farms in the Upstate, South Carolina’s unique assets require careful estate planning. But if you’re unsure which assets must go through probate—or how to avoid it—you’re not alone….

Yes, you can sell a house in Fort Worth during probate, but it requires court supervision unless the will grants the executor direct authority. According to Texas Estates Code § 356.451, executors may sell real estate if it’s in the estate’s best interest, such as covering debts or preventing property depreciation. If you’ve inherited a…

You’ve been waiting months for your inheritance, but the executor hasn’t filed a single probate document. Frustrating, right? You’re not alone. According to the American Bar Association, 30% of probate cases face delays due to executor inaction. Let’s unpack why executors drag their feet—and what you can legally do about it. What Does an Executor…