We can help! Upon death, assets transfer to beneficiaries through one of three methods: (1) beneficiary designations filed with the holder of the asset by the decedent before death (e.g. TOD designations of bank accounts or beneficiary designations submitted on the proper forms with investment brokerages), (2) trust administration of any asset which was transferred to the trust while the decedent was still alive, or (3) probate for all other assets.
For any asset that has a beneficiary designated as referenced in method 1, you do NOT need an attorney. The designated beneficiaries should simply contact the asset holder (bank, brokerage, etc.), provide a copy of the death certificate, and fill out the claim form that the asset holder provided to them.
For any assets held in trust as referenced in method 2, you MAY choose to hire an attorney. While it is not legally required, an attorney can be very beneficial in assisting you through the administration and distribution processes so that costly mistakes are not made.
For any asset requiring probate as referenced in method 3, you WILL likely need the services of an attorney. Probate is a legal process that requires the initiation of a court case and judicial oversite.
Contact us today to speak with an attorney about distribution methods 2 & 3 (trust administration & probate).