Probate Attorney in Dunkirk, Maryland
Coping with the loss of a loved one is undoubtedly challenging, especially when faced with intricate legal procedures like probate and estate administration. At the Law Offices of Julie A. Schejbal, CHTD, we understand how emotionally draining this period can be and are here to shoulder the legal burden of the probate process. Our probate service is designed to provide compassionate legal guidance during this challenging time, working hard to honor your loved one's wishes while providing you with the peace of mind you deserve.
Don't hesitate to contact us for a free consultation. We're located in Dunkirk, Maryland, and we proudly serve clients throughout Calvert County, Prince George’s County, Charles County, and St. Mary's County.
What Is Probate?
Probate is the legal process that takes place after someone passes away. It's how we distribute a deceased person's assets and settle their final affairs. It might sound daunting, but don't worry — we've got your back.
Which assets generally go through probate?
The assets that usually go through probate are those solely owned by the deceased without a designated beneficiary or joint owner. This could include:
Real Property: This includes any land or buildings owned solely by the deceased. If the property was co-owned but not with rights of survivorship, it may also go through probate.
Personal Property: This encompasses everything else the deceased owned like cars, furniture, jewelry, clothing, and personal effects.
Bank Accounts: Any bank accounts solely in the deceased's name will need to be probated. Jointly owned accounts typically avoid probate as they pass directly to the co-owner.
Investments: Stocks, bonds, mutual funds, and other investment accounts held in the deceased's name alone will go through probate.
Business Interests: If the deceased owned a business, their interest in that business usually needs to go through probate.
Intellectual Property: This includes things like patents, copyrights, and trademarks.
Remember, each case is unique and laws can vary by state. So, if you're navigating the probate process in Dunkirk, Maryland, reach out to our attorney at the Law Offices of Julie A. Schejbal, CHTD.
Probate in Maryland
In our lovely state of Maryland, probate is overseen by the Orphans' Court. This court ensures that the deceased person's assets are distributed according to their will.
What Happens When Someone Dies Without a Will?
When someone dies without a will, it's known as dying "intestate. " In such cases, the laws of the state where the person lived at the time of death dictate how their assets are distributed. In Maryland, these are called the laws of intestacy.
The distribution typically follows a certain order, starting with the spouse and children, then branching out to other family members if the deceased did not have a spouse or children. It can be a complex process, but at the Law Offices of Julie A. Schejbal, CHTD, we're here to help guide you through it.
Remember, though, that each case is unique. The best way to get answers tailored to your specific situation is to reach out to an experienced estate planning attorney like Julie A. Schejbal. With over 25 years of experience, including time spent working with the IRS, she can provide the personalized, trusted service you need.
Does the property of every deceased individual go through the process of probate?
Not all property ends up in probate when someone dies. It's a common misconception, but the truth is, certain types of assets are designed to bypass this process entirely.
For instance, assets held in joint tenancy, like a home owned by a married couple, often pass directly to the surviving owner. Similarly, assets with designated beneficiaries, such as life insurance policies or retirement accounts, can avoid probate. Trusts, too, are a powerful estate planning tool that can help your assets skip the probate line and go straight to your loved ones.
So, to answer your question: No, not everyone's property has to go through probate when they die. But figuring out which assets do and don't can be tricky. That's where we come in. Let's chat about your estate planning needs today.
At the Law Offices of Julie A. Schejbal, CHTD, we focus not only on guiding families through the probate process, but also on helping individuals plan their estates in a way that minimizes the need for probate. With over 25 years of experience, our attorney has the insight to navigate the complexities of estate and tax laws, helping you build a comprehensive plan that reflects your goals and the best interests of your beneficiaries.
An Overview of the Probate Process
Here's what the probate process typically looks like with our clients:
Filing the necessary documents with the Orphans' Court.
Notifying all the interested parties, such as beneficiaries and creditors, about the probate proceedings.
Taking inventory and appraise the deceased person's assets to determine their value.
Paying off any debts, taxes, or expenses owed by the estate.
Distributing the remaining assets to the beneficiaries according to the deceased person's will or the state's intestacy laws.
Throughout the process, we'll work hard to help ensure that your loved one's final wishes are carried out smoothly. It's a lot to handle, but with over 25 years of experience (including time spent working with the IRS), Julie A. Schejbal and our team are more than equipped to assist you every step of the way.
Probate Attorney in Dunkirk, Maryland
You don't have to navigate the probate process alone. At the Law Offices of Julie A. Schejbal, CHTD, we're here to help. Located in Dunkirk, Maryland, we proudly serve clients throughout Calvert County, Prince George’s County, Charles County, and St. Mary's County. Get in touch today, and let's get through this together.