Probate & Wills

It is estimated that over 70% of all Americans do not have a formalized estate plan. Those who have planned, most mistakenly created only a simple will. For those who have no plan in place, state law will dictate how their estate is to be distributed at death. You have worked hard all your life to build up your assets. Make sure they pass to your family - not to probate attorneys and the government.

Leonardo & Roach is dedicated to helping clients accomplish their estate planning goals and to taking the mystery out of the planning process. Our knowledgeable team has helped ease the burden on those who face incapacity and on the family members left behind. By taking advantage of Leonardo and Roach's services and programs, loved ones will be relieved of needless attorney's fees and government interference in settling estates. Most importantly, clients will have peace of mind knowing that they and their loved ones are protected.

1. What is probate?

Probate is when the court supervises the processes that transfer legal title of property from the estate of the person who has died (the "decedent") to his or her beneficiaries.

Usually, you have to fill out court forms and appear in court to:

• Prove to the Court that the Will is valid (this is usually routine),
• Appoint a legal representative with authority to act on behalf of the decedent,
• Identify and inventory the decedent's property, and have that property appraised,
• Pay debts and taxes, and
• Distribute the remaining property according to the terms of the Will or to the decedent's heirs.
2. Is probate necessary?

If the person who died did not have any property to transfer, probate is usually not necessary. The deceased person's survivors may decide to open a probate if there are debts owed or if there is a need to set a deadline for creditors to file claims.

When there is property to transfer the probate process also provides for the distribution of the estate's property to the decedent's heirs.