Probatewise Realty

Protect your estate with a probate bond. Know when it's required.
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SHELLEY JOHNSON | Certified Probate Real Estate Specialist
📞310-339-3695
📩[email protected]
📧www.probatewise.com

Not sure what a probate sale is?

Learn the process and how it works.
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SHELLEY JOHNSON | Certified Probate Real Estate Specialist
📞310-339-3695
📩[email protected]
📧www.probatewise.com

Inheriting a home can be bittersweet. While it's often a cherished asset, the process of selling it can be complex. Factors like state laws, the existence of a will, and the involvement of multiple heirs significantly impact the process.

The process can take longer than a traditional real estate sale and disclosures are usually very different, as the executor likely was not living in the home. There may also be additional clauses involved in a probate sale such as requiring the buyer to wait for probate court confirmation. if there is no will or it is contested.

Don't navigate the complexities of selling an inherited home alone. Let us guide you.
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SHELLEY JOHNSON | Certified Probate Real Estate Specialist
📞310-339-3695
📩[email protected]
📧www.probatewise.com

While probate is often necessary, there are strategies to minimize its impact. Tools like trusts, beneficiary designations, and joint ownership can streamline the transfer of assets, saving time and money for heirs.

For example, real estate can pass to a surviving co-owner, usually a spouse, with joint tenancy with the right of survivorship.

Life insurance policies with a named beneficiary pass outside of probate. 401(k)s, IRAs and other retirement accounts can be transferred to a named beneficiary or heir outside of probate automatically.

Bank accounts may be set up with a payable-on-death designation to pass directly to named beneficiaries.

Another option to bypass probate is a living trust, a separate legal entity holding title to the property. Assets a residing trust holds automatically pass to heirs or beneficiaries without going through probate.

Protect your loved ones' legacy. Schedule a consultation to explore probate avoidance strategies tailored to your unique situation.

Probate can be complex, especially with out-of-state property.

Understanding how your state's laws interact with those of other states is crucial.

Let's navigate this together.
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SHELLEY JOHNSON | Certified Probate Real Estate Specialist
📞310-339-3695
📩[email protected]
📧www.probatewise.com

Want to protect your loved ones from the probate process?

Discover how trusts, POD accounts, and other strategies can help ensure a smooth transition of assets.

Let’s chat!
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SHELLEY JOHNSON | Certified Probate Real Estate Specialist
📞310-339-3695
📩[email protected]
📧www.probatewise.com

If the executor wasn’t informed of the will, looking for the attorney who may have drafted the will is the next step. Old bank statements or knowing the decedent's law firm can be helpful.

Immediate family members can get permission to look in secure areas like a safety deposit box (without removing contents) to find a will.

Most people who create a will keep it somewhere they think people will find it — even if that’s not the case or it doesn’t happen for months. This may be with other important documents, in a safe or bank safety deposit box.

Finding a will isn’t always straightforward.

Know your options if you can’t locate it.
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SHELLEY JOHNSON | Certified Probate Real Estate Specialist
📞310-339-3695
📩[email protected]
📧www.probatewise.com

Thinking about contesting a will?

It's not as simple as it seems.

There are strict timelines and legal grounds to consider.

Don't risk making a costly mistake.

Consult with a probate specialist to understand your options and protect your rights.
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SHELLEY JOHNSON | Certified Probate Real Estate Specialist
📞310-339-3695
📩[email protected]
📧www.probatewise.com

Thinking of contesting a will?

It's not as simple as it seems. There are specific legal grounds you must meet to challenge a will.

Want to know more?

Stay tuned for our next post where we dive deeper into the complexities of will contests.
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SHELLEY JOHNSON | Certified Probate Real Estate Specialist
📞310-339-3695
📩[email protected]
📧www.probatewise.com

Facing a Will Contest? Don't navigate probate alone!

A contested will can lead to a lengthy and stressful legal battle.

Here's the short story:

‍👉 ♀️ Someone objects to the will (grounds needed!)
👉 ⚖️ Legal process begins (time & money!)
👉 Court decides (but settlements are common)

Protect your loved ones & ensure your wishes are met. I can help guide you through the probate process, including will contests.
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SHELLEY JOHNSON | Certified Probate Real Estate Specialist
📞310-339-3695
📩[email protected]
📧www.probatewise.com

Challenging a Will: Who Can and Why?

Not everyone can contest a will. You generally have grounds if:

👉You're named in the will (or a previous one)
👉You were supposed to be named (but weren't)
👉You would have inherited if there was no will (heir)

Heirs (like spouses, kids, and parents) can be challenged if:

🤔They're excluded unfairly
🤔They receive a much smaller share than expected
🤔Thinking of disinheriting someone? "No contest" clauses might not be foolproof!

Forget Hollywood! Here's the truth about Will's readings: ❌

Those dramatic scenes of lawyers reading wills aloud to families? Mostly fiction!

Here's the real deal:

👉No public reading required: In most states, wills aren't read aloud in court or by attorneys.
👉Public record access: Once filed with the probate court, the will becomes accessible to anyone who wants to see it.
👉Focus on what matters: The executor simply notifies beneficiaries and distributes assets according to the will's instructions.

Confused about probate? I can help!

⚡️Navigate the legal process smoothly.
⚡️Ensure your wishes are carried out.
⚡️Minimize stress for your loved ones.

Contact me today for a free consultation!
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SHELLEY JOHNSON | Certified Probate Real Estate Specialist
📞310-339-3695
📩[email protected]
📧www.probatewise.com