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  • Writer's pictureRichard McGinnis Staff

What Happens If You Die Without A Will and Trust?

Do you ever wonder what happens if you pass away without a will and trust? What happens to everything you’ve worked your whole life for if you don’t consult a living trust attorney? If you have children, who will take care of them and provide for them? Who decides where everything goes and how? Is going through probate really that bad? Do I really have to have a will and trust and is using a trust and will attorney really necessary?

The simple answer is yes. You definitely should have a living trust attorney in Roseville prepare your will and trust or your entire estate will go through probate and the state will decide and divide up all your assets after taxing the beneficiaries.

Probate is the process in which a will is reviewed, if it exists, to determine its authenticity. The court will appoint an administrator to oversee the estate, satisfy any debtor’s legal claims against it and find heirs. In the absence of a will and trust, If no heirs can be located, all your assets and everything you’ve worked for your whole life will go to the state! Basically if you don’t obtain a trust and will attorney now, your family will be left to search for the best probate attorney they can find.

If you have minor children you definitely need a free estate planning consultation from the Law Offices of Richard W. McGinnis or custody may be given to the surviving parent or closest relative who may not be appropriate or equipped to care for your child. This can all be avoided with a simple and free estate planning consultation with trust and will attorney Richard McGinnis. The Best Probate Attorney in Roseville, Richard McGinnis, Can Defend Your Rights

If you’re already in a situation where a loved one has passed and they didn’t work with an estate planning attorney and you now are looking amongst Roseville lawyers for the best probate attorney to defend your inheritance, you can count on The Law Offices of Richard. W. McGinnis.

We can defend your beneficiary status through validation of the will and help resolve issues when these type of probate claims arise that challenge your inheritance. You need the best probate attorney in Roseville to challenge claims of

  • Fraud

  • Undue influence

  • Incapacity

  • Violation of state law

Moreover, some of the common issues to resolve as the qualified and best probate lawyer in Roseville, in the absence of a will and living trust, include assistance to an executor and beneficiaries along with CPAs and financial advisors. You may need us during the probate process to do the following:

· Assisting in the payment of debts and outstanding bills

· Preparing & filing all documents required by a probate court

· Determining if any estate or inheritance taxes are owed, and satisfying these debts

· Collecting benefits from life insurance policies

· Identifying & securing estate assets

· Acquiring property appraisals for the deceased’s estate in Roseville

· Resolving income tax problems

· Transferring assets in the decedent’s name to the appropriate beneficiaries

· Making a final disbursement of assets to beneficiaries after bills & taxes

· Trial litigation in probate court against other claimants of the estate

Call for a free estate planning consultation today with the best will, trust and probate attorney in Roseville Richard W. McGinnis at (916) 784-6377.

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