Probate Attorneys
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Complete Assistance With the Estate Probating Process
When a family member is deceased, their assets must be properly handled. Probate is the judicial process in which the court processes those assets in accordance with state law and the wishes of the deceased.
In most cases, the testament specifies how the property and assets are to be distributed to the heirs or beneficiaries. If you're unsure of the details stated in the will or if you have any other questions, call the attorneys at Nickloy, Albright, Gordon, & Siebe Attorneys At Law LLC. We can answer all your questions and make the probating process as smooth as possible.
For individuals who pass away with fewer assets to their name, the family of the deceased can file a small estate affidavit in the court. But, for other individuals who pass away with more assets, and an estate must be opened with the court's permission by a personal representative.
The personal representative has the legal authority to value the estate's assets, pay bills and taxes, and distribute the assets to the heirs or beneficiaries.
Probate Litigation
Actions contesting a deceased person’s estate plan present unique issues. Although they may resemble ordinary civil proceedings, contests involving a Last Will and Testament and/or a Trust are governed by the Indiana Probate Code and related case law. These matters often involve strict timing requirements, including some of the shortest limitation periods under Indiana law, and they cannot be settled like typical civil cases. Certain statutory requirements must be satisfied before a settlement can take effect. In short, probate litigation involves many issues not found in ordinary civil proceedings.
A working knowledge of these requirements is essential to successfully prosecuting or defending an action that challenges a person’s estate plan. Our attorneys have more than seventy years of combined experience in will and trust litigation. We understand the applicable deadlines and what is required to properly and timely file an estate-plan contest. We also have the experience to prosecute these matters from filing through final resolution, including trial before a jury.
Our attorneys are also experienced in evaluating and defending estate-plan contests and claims against estates. We routinely represent court-appointed personal representatives and trustees in litigation. Understanding the statute commonly known as the “Deadman Statute” can be critical to defending an estate against a claim.
We also mediate probate litigation matters. Our attorneys’ years of experience provide a practical understanding of likely outcomes and potential costs. Because closure matters, settlement can often provide an effective resolution. If you need an experienced mediator with firsthand probate litigation experience, we can help.
Our attorneys are seasoned professionals with practical knowledge of the Indiana Rules of Civil Procedure, the Indiana Rules of Evidence, and the Indiana Probate Code. We are available statewide to serve as lead counsel or co-counsel.
Documents Necessary for the Estate Probate Process
- Wills, trusts, or testaments
- Insurance policies and retirement plans
- Estate planning documents
- Birth and death certificates
- Checkbook and check register
- Marriage license(s)
- Military discharge papers
- Driver’s license and social security card (and passport, if applicable)
- Deed to house and title to any vehicles
- Tax returns from the last two years
- Date of death of your spouse (if applicable)
- Date(s) of divorce(s) (if applicable)
- Beneficiary contact information
- Any other “legal” documents
- Stock certificates, bonds, annuities, CD statements, and any other investment accounts
All the above-mentioned documents are necessary for us to determine how to distribute the assets and to whom. Creditors and heirs must be informed of all matters regarding the estate to prevent any further issues.
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