January 15, 2019 Office News

Practicing law in general and probate law in particular, is an art, not a science. There are set rules, codes, etc. to follow; but often there are circumstances which dictate you go one way rather than another.

E.g. you use a formal probate if you anticipate an objection to the probate of an estate. The person contending with you is now obligated  to file an appearance and follow through his objection by filing a specific affidavit putting forth the basis for that objection. If not, it can be stricken, the will allowed, the personal representative confirmed; or whatever you've filed (e.g. a formal limited probate, which is required if the estate is three (3) years old or more).

As written previously, an estate is something like a diagram, or a puzzle, and there are different ways to put the pieces together.