PROBATE

Probate Lawyer Rochester, Dover, Portsmouth, NH

The legal process of transferring of property upon a person’s death is covered under “probate law.” Although probate customs and laws have changed over time, the purpose has remained much the same: people formalize their intentions as to the transfer of their property at the time of their death. (Typically, in a Will.) Their property is collected, certain debts are paid from the estate and the property is distributed. Today the probate process is a court supervised process that is designed to sort out the transfer of a person’s property at death. 

The Probate Process May Be Contested Or Uncontested

Most contested issues generally arise in the probate process because a disgruntled heir is seeking a larger share of the decedent's property than that he or she actually received. Arguments often raised include: the decedent may have been improperly influenced in making gifts, the decedent did not know what they were doing (insufficient mental capacity) at the time the Will was executed, and the decedent did not follow the necessary legal formalities in drafting his or her Will. The majority of probated estates, however, are uncontested.
The basic process of probating an estate includes:

Collecting all probate property of the decedent;
Paying all debts, claims, and taxes owed by the estate;
Collecting all rights to income, dividends, etc.;
Settling any disputes;
Distributing or transferring the remaining property to the heirs. 

The probate attorneys at Hanlon & Zubkus are experienced probate litigators who have been successful in defending claims against estates and protecting the rights of heirs in probate disputes.


Typically, people may leave property to any person they wish and they make such designations in their Will. A Will is simply a formal way of setting forth your wishes regarding how you would like your property distributed upon your death. You should consider a Will whether you are single, married, have minor children or own even a small amount of personal assets or property. In fact, every adult should have a Will or other means to control the disposition of their assets. If you have not formalized your intentions, your estate may meet with the unnecessary and costly litigation, adding to the grief experience by your survivors. Avoid the financial and emotional turmoil of Will contest and other legal wrangling by choosing an experienced probate attorney at Hanlon & Zubkus.

The office maintains a large Will portfolio, including the Wills of the former Law Office of Mullaney and Richardson. In addition to preparing Wills, the office prepares Durable and General Powers of Attorney and Powers of Attorney for Health Care purposes. You should consider having a Power of Attorney drafted naming a trusted individual to act as your Power of Attorney if you are experiencing difficulties with your health or memory. The person acting as your Power of Attorney will generally have the ability to act on your behalf in collecting money, paying bills, defending contracts, enforcing contracts, and selling or buying properties on your behalf. It is too late once your health prohibits you from making a sound decision in choosing to appoint a person to act as your Power of Attorney.

The probate attorneys at Hanlon & Zubkus have over fifty years' combined experience in preparing Wills and Powers of Attorney at reasonable cost.

Contact us today at (603) 332-8499!
MON - FRI 8:45 AM-5:00 PM
SATURDAY APPT. ONLY
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