Such actions can occur under different circumstances with the administration of an estate. For example, there are several types of probate actions warranted based on whether the recipient of the estate is the surviving spouse, the different types and amounts of assets of the estate, and whether those assets are solely in the name of the deceased person.
The probate process may require many different sets of paperwork and time sensitive filings to ensure compliance with the requirements of the court. Unless one is familiar and experienced with these types of probate actions, this complex process could become a time consuming and costly one without the guidance of an attorney.
Just as complex is the establishment of guardianship for an elderly person no longer capable of managing their affairs, a special needs adult or a minor child. Guardianship is becoming more commonplace due to implementation of the new healthcare law. The process for establishing guardianship could become complicated if someone is not well versed in the time sensitive filings and forms necessary to comply with the court’s requirements. Biennial filings are also required after the establishment of guardianship. For these reasons, legal counsel is recommended to ensure compliance with court requirements.