After your loved one passes away, you may have to go through Probate in order to distribute their belongings to the desired heirs. While this may seem straightforward enough, it can be complicated if your loved one owned property in another state.
In these cases, you may need to go through Ancillary Administration in Woodstock. Our hardworking attorneys at Nelson Elder Care Law can further explain how this process can impact Estate Distribution and answer any questions you may have.
Ancillary Administration will apply if your loved one passed away in one jurisdiction but owns property in another. For instance, if your loved one passed away in South Carolina but owned a home in Woodstock. You would likely do Probate in South Carolina but be able to control the property through Woodstock court through an Ancillary Administration.
This is an additional Probate process that you and your family will have to go through along with the local Probate process. As Ancillary Administration can make this more process more complicated, our skilled Woodstock attorneys can help make it as seamless as possible.
If you are seeking to become an Ancillary Administrator in Woodstock, you will need to go through a qualification process that is very similar to that of a personal representative. You will need to take an oath as well as be appointed by the court.
The role of an Ancillary Administrator is to help guide the process of transferring assets through Ancillary Administration through the Probate court, which our local lawyers can help make as smooth as we can for your family. As Ancillary Administrator, you have a duty as fiduciary to the Estate and then the beneficiaries. It is important that you are not serving in your own interest and instead doing what you can to protect the assets in each jurisdiction.
If your loved one owned property in another state, the laws of Georgia will control the Probate process whether through Estate Administration or the Probating of a Will in Woodstock. The property that was held in the other state will likely be controlled by that state’s laws.
The property that may go through the Ancillary Administration process includes tangible personal property, which are belongings you can touch such as sporting goods, jewelry, furnishings, and clothing. However, it can also include intangible property, like cash, accounts, and investments.
Should the court file an Order of Distribution, that requires certain assets to be distributed in a manner that the court oversees. This can lengthen the Ancillary Administration process for closing the Estate. Our Woodstock lawyers can help guide you through the Ancillary Administration process and work hard to avoid issues that could lengthen the process.
There are drawbacks to Ancillary Administration in Woodstock. Since it is an additional Probate process, your family will have additional court fees. It can also make distributing assets more complicated and time-consuming. Our team at Nelson Elder Care Law is here to help. Call our office today to discuss your options in detail.
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The very best elder law attorney and staff anyone could ever ask for! I have referred a number of clients to Cindy and she never disappoints. She is kind, caring, and extremely thorough in making sure everything is completed as it should be. I highly recommend Cindy for anyone needing lawyer services; she truly goes above and beyond for every client she helps and has had a huge impact in so many peoples’ lives. Thank you, Cindy and staff, for everything that you do- I’m so glad to know you!
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