A last will is not a document that is just read around the kitchen table after your funeral. The probate court is going to be involved, and this process can be rather complicated in a lot of cases.
People often times pass away with some financial liabilities that have not been paid in full. So, creditors and claimants can step forward during the probate process in an effort to seek satisfaction. There is also the matter of final taxes. And, any challenges to the wishes of the deceased that may exist would be heard by the probate court.
In addition to the above matters the assets that are part of the estate must be inventoried and readied for distribution to the heirs. Depending on the form of these assets and the wishes of the deceased this can be a complex task that requires a certain brand of expertise.
It is the job of the executor of the estate to handle these affairs, but because your executor is probably not going to be familiar with the probate process he or she will need the guidance of a Hartford probate lawyer.
A holistic approach would be to arrange for the attorney who assists you as you are drawing up your will to act as the probate attorney after you pass away. Your lawyer will enter the process with an existing understanding of your wishes, knowledge of the dynamics of your family, and a familiarity with the last will document itself. This will result in an optimal situation that allows for a smooth passage through probate.
Mr. Nirenstein is licensed to practice before the courts of the State of Connecticut and the United States District Court. He is a member of the Connecticut and Hartford County Bar Associations, and the Estate and Probate, Elder Law, Business Law and Real Estate Sections of the Connecticut Bar Association.
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