Probate is the process of presenting the last will and testament of a deceased person to prove that the will is genuine and legally effective. At Herrling Clark Law Firm, Ltd., our attorneys are experienced in representing beneficiaries and executors in probate court to protect the interests of our clients and the deceased.
Our attorneys have successfully represented executors and beneficiaries and handled a number of will disputes that arise in probate.
A valid will must be in writing, signed by the decedent or testator, and in the presence of two competent witnesses who are present at the signing of the will. Wills can take a number of different forms. A deceased person may have multiple wills or a revised will. This can create complexity in the probate process. A holographic will, or a will in the handwriting of the testator, will be valid, but requires that the handwriting be established by disinterested witnesses at the time of probate.
Contact our probate attorneys for more information. We are experienced in handling all of the following probate issues:
- Asset protection
- Death tax planning
- Financial power of attorney
- Health care power of attorney
- Living wills
- Marital property classification
- Gift planning
- Business succession and family business transfers
- Estate planning
- Law for the elderly
- Large and small estates
- Lifetime trusts
If any persons, including beneficiaries or potential beneficiaries, choose to dispute the will, they may do so during the probate process. Missing witnesses or a lost or destroyed will may make the probate process more difficult. Our attorneys take on probate cases to defend the rights of our clients and protect the interests of the testator. Our attorneys are also sympathetic to the sensitive nature of a probate dispute. We will work to protect you and your family as you seek to effectively resolve and effectuate the last wishes of the deceased.