Wheeling Probate Attorney

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Wheeling Probate Attorney2021-04-15T11:44:32+00:00


Probate refers to the legal process of validating a person’s will after they pass away. The probate court is responsible for determining a will’s validity and making a list of the decedent’s estate assets and debts. If you’re going through probate after a loved one has passed away, our Wheeling probate attorney can provide legal assistance to make the process easier for you and your family.

If a loved one recently passed away, our Wheeling WV probate lawyer can help you determine whether an estate needs to be probated and assist you throughout the proceeding.

Wheeling Probate Attorney

Naming A Probate Executor in West Virginia

The first step in the probate process is to name an executor for the probate estate. An experienced probate attorney can help you file a petition to court to appoint yourself as the estate executor or administrator.

A probate executor has several responsibilities, including:

  • Filing notices to beneficiaries and creditors to inform them that the person who made the will has passed away;
  • Proving the validity of the will through official documents and witness testimonies;
  • Assessing and protecting the estate assets and property while going through the probate process;
  • Paying the decedent’s debts and federal & state estate taxes;
  • Gathering and filing all necessary paperwork required in the probate proceeding;
  • Administering the probate estate once the process is completed; and
  • Filing a final accounting of the probate estate assets with the court.

If you need help petitioning the court to appoint you as executor, talk to our experienced Wheeling probate attorney to get legal assistance throughout the probate process.

Types of Probate in Wheeling, WV

There are three types of probate, and each has its own set of rules to follow depending on your state laws. Consult a local probate lawyer if you’re not sure which type of probate applies to you.

Informal Probate

Informal probate is relatively the simplest among the three types of probate. The process is mostly paperwork, and you won’t have to go to court hearing to complete it. However, informal probate can only be used if there are no will contests from the beneficiaries or any issues with the testator’s creditors.

Our compassionate and skilled Wheeling probate lawyer can assist you in filing your petition to obtain a letter testamentary and carry out your duties as executor in West Virginia.

Unsupervised Formal Probate

Unsupervised formal probate proceedings are usually done when there are disputes that need to be resolved by the probate court. Disagreements over the distribution of the estate assets, issues with the validity of the will, and having beneficiaries who are still minors are just a few examples of issues that require a formal probate process.

If you’re facing disputes during your probate proceeding, it’s best to talk to an experienced probate lawyer. Our Wheeling probate attorney at Ghaphery Law Offices can help you navigate the complex probate process and provide legal assistance to ensure that your loved ones wishes are carried out.

Supervised Formal Probate

Formal probate is only supervised when the court deems it necessary to do so. In a supervised formal probate, you’ll need to get permission from the probate court before administering the estate assets. This often applies in situations where the inheritors or beneficiaries require the court’s protection to look after their own interests.

If you’re going through formal probate, it’s important to get in touch with an experienced probate attorney. Our Wheeling WV probate attorney will provide legal assistance as you go through formal probate to ensure that you carry out your duties well and receive what’s rightfully yours.

Why You Should Hire A Wheeling Probate Attorney

Probate laws can get complicated, not to mention costly and time-consuming. Having an experienced probate attorney by your side will not only make the process smoother, it will also allow you to avoid common mistakes that will make your probate proceeding more difficult than it needs to be.

At Ghaphery Law Offices, our Wheeling probate attorney can assist you in the following:

  • Conducting an assessment of the probate and non-probate assets;
  • Assessing the value of the probate estate assets and property;
  • Collecting payouts from insurance policies and retirement plans;
  • Dealing with the deceased person’s bank accounts, bills, and debts;
  • Filing estate taxes & tax returns and resolving disputes among the estate beneficiaries; and
  • Distributing the estate assets and completing the probate process.

Call our office today at 304-230-6500 to schedule a consultation and get legal advice and help for your probate case in West Virginia!

Why You Need an Insurance Bad Faith Attorney

When settlements are unnecessarily delayed, and insurance claims are denied without a valid reason, the court may find these insurance companies to be acting in bad faith. If you wish to file a bad faith insurance claim, it’s important to have a trusted insurance bad faith lawyer by your side.

Insurance bad faith cases are used not only to seek the payment for the original claim, but also to get compensated for damages. Cases for bad faith claims are too complicated to take on by yourself.

If you’ve been wronged by your insurer, our skilled Wheeling insurance bad faith lawyer at Ghaphery Law Offices can investigate your case and discuss the legal actions you can take if your insurance claim was handled in bad faith. Call us today at 304-230-6500 to schedule a free initial consultation today!