Category Archives: business law

WHAT HAS CHANGED IN PROBATE LAW IN RECENT YEARS?

Probate law can no longer be handled without the assistance of a lawyer. Probate law has become significantly more complex over the years. Perhaps twenty years ago most probate cases could be settled just by having a legal will in the possession of the person in charge of the probate case, but because of the fact that each state has its own probate laws, something which causes constant deviations from more standard probate practices, the current state of probate requires probate council in almost all instances. Often times people that are dealing with small, seemingly insignificant probate cases, are shocked to find how much legal documentation is required in order to close their probate case. Even when there is only a few thousand dollars in question the state could still ask for an investigation in order to determine that will governing the probate case is up to standard. The reason why any probate case can run into problems is because of the fact that probate cases are now randomly audited in almost all states. Large probate cases dealing with high dollars figures are almost always flagged for some additional investigation, and the majority of probate case investigation offices are seriously underfunded. In California, the average probate case that falls into the investigation office takes around two years to resolve completely, and that number is only growing. The only way to assure that a probate case won’t get dragged into a never ending legal circus is to hire a professional rebate team such as www.wiegandattorneys.com, who specialize in rebate law. On average, those cases which involved a rebate lawyer were resolved in nearly half the time as those which did not.

Business law now requires that any probate case involving a person that was a key member of a business to hold extra documentation.  There were a number of high profile cases in the last few years where companies attempted to avoid paying taxes they owed by passing their assets on in a probate case, and as a result there are now many additional documents that must be presented at the time of a probate case for people involved in a company with separate holdings. This change in probate law is very important for people that own companies, but also for those who hold any important position in a company. If the proper legal documentation is not created at the time the probate work is first done, the later results may be a very drawn out probate case, or even some of the assets being forfeited to the state during the rebate hearings.

There is no maximum length of time in which the state must close a rebate case. As is currently the situation with a major company owner who passed away in Texas about six years ago, and whose probate case is still in limbo, the current probate laws allow for undisclosed amounts of time for a state to bring a probate case to close. The importance of having the proper documents is that much more crucial when one considers that a probate case could be locked in court indefinitely if a probate lawyer is not involved.