When a person passes away, legal action may be necessary to transfer the property pursuant to the wishes in the will or trust of the decedent. If a decedent did not have any estate planning documents, the attorney will assist you in determining what actions, if any, are necessary to administer the property of the person who passed away. The probate process or an abbreviated form of probate may be necessary in some situations. Sometimes, no Probate at all is needed.
At the initial interview, the attorney may ask you the following:
- Did the decedent have a Will or Trust?
- What did the decedent own when he or she passed away?
- Did the decedent own any assets with beneficiary designations, right of survivorship designations, or payable on death (POD or TOD) provisions?
- Who are the other family members of the decedent?