Dealing with the loss of a loved one is emotionally challenging, and the subsequent process of settling their estate can be overwhelming, especially when faced with legal complexities. If the Will talks about ademption, lapse and exoneration, be glad. It means that the scrivener has probably covered all the bases.

If you find yourself dealing with an estate where there is no Will or the Will is not very artfully drafted, it’s crucial to consider hiring a probate lawyer to guide you through the probate process. There are many pitfalls and potentially expensive mistakes that can occur. A good attorney can alleviate the stress associated with estate settlement.

1. Expertise and Understanding:
Probate laws can be complex considering the interplay of Will terms, laws of descent and marital interests. Hiring an experience probate lawyer can help avoid costly mistakes and streamline the process.

2. Efficient Administration of the Estate:
A probate lawyer acts as a reliable guide to navigate through the paperwork, deadlines, and potential conflicts that may arise during the probate process. Having an experienced probate lawyer by your side will help ensure the accurate and efficient administration of the estate, minimizing delays and maximizing the value of the assets to be distributed.

3. Resolving Disputes and Contests:
Unfortunately, disputes among family members or beneficiaries regarding inheritances can arise during the probate period. These conflicts have the potential to escalate quickly and cause further distress. A probate lawyer possesses the necessary skills to mediate or resolve disputes, preventing them from turning into lengthy and costly court battles.

4. Expert Asset Evaluation and Distribution:
Probate lawyers have the competence to assess the value of assets within an estate accurately. They will conduct thorough research and ensure the fair and equitable distribution of these assets as per the deceased’s wishes and applicable laws. This expertise minimizes the likelihood of errors resulting from potentially undervalued or overlooked assets.

5. Tax Implications and Minimization:
One of the complex aspects of probate is understanding and managing the tax implications associated with the estate. Probate lawyers possess the knowledge and experience required to identify potential tax obligations and explore legal strategies for tax minimization, potentially saving the beneficiaries a significant amount of money.

6. Emotional Support and Peace of Mind:
During this difficult time, having a competent professional by your side can offer immeasurable peace of mind. A probate lawyer not only offers legally sound advice but also helps to reduce stress and anxiety during the estate settlement process.

Conclusion:
Engaging the services of a probate lawyer is a wise decision when navigating the complexities of estate settlement. From guiding you through the paperwork and deadlines to resolving any disputes that may arise, a probate lawyer provides invaluable expertise, ensuring the smooth and efficient administration of the estate.
It is sad but true that navigating the intricacies of probate law without training can increase the likelihood of costly mistakes and stressful delays. By partnering with a trusted probate lawyer, you can achieve peace of mind knowing your loved one’s estate will be settled correctly and in accordance with their wishes.

Vincent F. Heuser, Jr.
3600 Goldsmith Lane
Louisville KY 40220
(502) 458-5879
https://heuserlawoffice.com

Most people can get by with a simple estate plan consisting of a power-of-attorney and a simple will or sweetheart wills.  That’s fine but what happens to computer records and social media accounts when someone dies?   Nothing!  That’s the problem.   You may leave your family with a mess in the form of online records and other things that are very difficult to deal with.  There is a solution.  Plan ahead!

Your executor or POA should have access to to the personal information they will need to carry out your plans. These items include:

• Instructions in case of death or disability, such as burial or living-will wishes;
• Important contacts: who to contact at your workplace, clubs, etc., name and telephone for your lawyer, accountant, Will executor, and insurance agents;
• Locations of valuables and important papers, wills, passports, Social Security cards, birth certificates, and any other legal documents;
• Recurring-bills details such as when bills are due and how they’re paid (autopay acct or where to send a check);
• Financial account details like retirement and investment accounts, insurance, bank accounts, and credit cards.
• Important logins or security codes including website logins, computer password, your phone PIN, the code to the fireproof safe, etc.

You can create a password-protected spreadsheet that contains this information.

You should also consider setting up dead-man switches and assign custody or successors for your digital accounts  A dead-man switch is a security feature on trains that requires operators to hold a handle on a control board so that if they let go, the switch applies the emergency brakes.

A dead-man switch can be a setting that notifies loved ones and can disable your accounts if you fail to respond to prompts. This feature is especially useful for people who live alone, because you want others to notice you’re gone as soon as possible.

Some online accounts have an “inactive account” setting to either delete your data or share your accounts information with someone you trust after a period of inactivity.  Pick a person to manage your social media accounts to either preserve your memory or delete those accounts. Most social media accounts offer options for enabling your loved ones to manage them, but you’ll need to set this up before you die, of course.

After you’ve done all the above, you should share the details with your family (you can also share select information in the password manager with a power of attorney or a trusted friend).  For security, many client provide their attorney with a CD, DVD or flash drive with the data, so that it is not found in the home and no one can get to it without a safeguard, but the right person would have no trouble getting what they need.

Vincent F. Heuser, Jr.
3600 Goldsmith Lane
Louisville KY 40220
(502) 458-5879
https://heuserlawoffice.com

Hirsh and Heuser Attorneys
Heuser Law Office

When you want something in court, you have to write up your request in proper format.  Getting the format right makes your request seem more reasonable!  There are lots of rules about the legal arguments and citations, but the one thing that makes you look silly is not knowing how to format your documents to be acceptable in court.

At the top of the front page, before your eloquent argument, you need a header.  At the end of your document, after your eloquent argument, you need a footer.  Courts vary on the style here, but in Louisville/Jefferson County, we can help.

Below are several different formats for courts operating in Jefferson County, Kentucky, both federal and state.  State courts are divided into district courts (including small claims, probate, and civil district court) and circuit courts (civil and criminal).  There is also a state court of appeals and the United State District Court.

Headers should include the name of the court, case number, division, names of parties and the title of the motion or pleading:  Jefferson Circuit is different from other courts.   Out in the state the circuit court header is the same as the district court headers.   Here are a few Louisville samples:

Jefferson Circuit Court Motion Header (.pdf)

Jefferson Circuit Court Motion Header (.doc)

Jefferson District Court Motion Header (.pdf)

Jefferson District Court Motion Header (.doc)

Footers:   Footers come after your brilliant argument and include your signature, address, telephone number and, perhaps, email address and a certificate that you served copies on all the other people in the case.  These look like this:

Jefferson Court Footer (.doc)

Jefferson Court Footer (.pdf)

Got a question?  Perhaps a limited representation is what you need.  Take a look here.

Vincent F. Heuser, Jr.
3600 Goldsmith Lane
Louisville KY 40220
(502) 458-5879
https://heuserlawoffice.com