Probate and Estate Administration lawyers navigate the legal process with wills and estate matters of a deceased person. They will:

  • become court appointed executors should there be a dispute in inheritance
  • help to resolve discrepancies in an estate after death
  • oversee the inheritance process
  • attend to tax matters
  • work to resolve claims from creditors, beneficiaries and heirs
  • act as the executor of an estate if one hasn’t been named, and work in conjunction with a court of law
  • work to carry out in legal conscience the actions and requests of a will

Services

The Probate process is involved, and can take several months. This is primarily because:

  • Creditors need to be notified and legal notices published.
  • Executors of the will need to be guided in how and when to distribute assets.
  • A Petition to appoint a personal representative may need to be filed and letters of administration obtained.
  • Homestead property, which follows its own set of unique rules in states like Florida, must be dealt with separately from other assets.
  • There are time factors involved in filing and objecting to claims against the estate. A lawsuit  may be pending over the decedent’s death. Separate procedures may be required in contentious probate cases.
  • Real estate or other property may need to be sold to effect correct distribution of assets pursuant to the will or merely to pay debts.
  • Estate taxes, gift taxes or inheritance taxes must be considered if the estate exceeds certain thresholds.
  • Costs of the administration, including ordinary taxation such as income tax on interest and property taxation, will be deducted from assets in the estate before distribution by the executors of the will.
  • Other assets may simply need to be transferred from the deceased to his or her beneficiaries.

Specialization

If you are the executor of a loved ones’ estate, and you have questions or conflicts with the heirs of the estate, you are best suited to seek out a Probate or Estate Administration Attorney.

There are two types of Probate and/or Estate Administration Lawyers:

  • Transactional – those that handle the administration of the estate
  • Probate Litigators – those that handle the clients and act in proxy of the deceased

Some lawyers do both, but most will tend to do one or the other.

Look for a member in good standing of one or both of the Governing Associations:

  • American Association of Estate Planning Attorneys
  • American Academy of Estate Planning Attorneys

Preparation

  • If no executor is established, have proper knowledge of the will and estate to answer questions on all financial holdings and investments of the deceased.
  • Have proper documentation in order to present to the attorney.
  • Understand the desired outcome which you are seeking.

Evaluation

  • Research the attorney’s experience in the are of concern.
  • Request a paralegal to remain familiar with your case for communication purposes.
  • Ask for several references to determine:
  • Was the level of communication satisfactory?
  • Was the desired outcome positive?
  • Would you hire this person again?

Estate Admin Probate Law Radio Show Segments

  • Senior Real Estate Planning: How to Protect Family Wealth and Avoid Costly Mistakes

    What happens when aging parents face major housing, healthcare, and financial decisions without a plan? Too often, families find themselves making emotional decisions during a crisis, leading to unnecessary stress, financial loss, and even family conflict. The good news is that many of these challenges can be avoided through proactive planning.

    In a recent episode of Answers for Elders, host Suzanne Newman sat down with certified Senior Real Estate Planner Cory Boldhoff, founder of The Complete Real Estate Group and Complete Senior Solutions. Cory helps families build, protect, and transfer generational wealth through real estate while navigating some of the most important decisions older adults face as they age.

    Why Planning Ahead Matters

    Many seniors believe they will remain in their homes for the rest of their lives. While aging in place is a goal for many older adults, circumstances can change quickly. A fall, medical event, or unexpected health diagnosis can force families into making difficult decisions under pressure.

    According to Cory, the difference between proactive planning and crisis planning can have a significant impact on both quality of life and family relationships. Families who prepare early often have more options, more control, and greater peace of mind.

    Unfortunately, many families wait until an emergency occurs before discussing housing, healthcare, finances, and long-term care. By then, choices may be limited and emotions are often running high.

    The Hidden Cost of Not Having a Plan

    Throughout the interview, Cory shared personal stories illustrating what can happen when important planning conversations never occur.

    One story involved a family member who lived independently well into her nineties but never established the legal and financial protections needed to support her wishes. After her passing, family members spent years navigating probate and disputes over assets. Relationships that had once been close were permanently damaged.

    In contrast, another family member created a comprehensive plan that included long-term care preparation, estate planning, and housing decisions made well before a crisis occurred. As a result, she maintained a high quality of life, received appropriate care, and left her family with clarity rather than conflict.

    These examples highlight an important reality: planning is not just about finances. It is also about preserving family harmony and honoring personal wishes.

    The Four Essential Plans Every Adult Should Have

    Cory believes every adult should have four foundational plans in place, regardless of age.

    1. Estate Plan

    An estate plan typically includes a trust, will, powers of attorney, healthcare directives, and other legal documents that ensure your wishes are carried out if you become incapacitated or pass away.

    Without these documents, families may face costly probate proceedings and unnecessary legal complications.

    2. Legacy Plan

    A legacy plan goes beyond financial assets. It addresses the values, stories, traditions, and life lessons you want to pass on to future generations.

    Many families discover that preserving memories and family history is just as important as transferring wealth.

    3. Long-Term Care Plan

    Most people will need some form of assistance as they age. A long-term care plan helps identify how care will be provided and how those expenses will be funded.

    Planning ahead allows seniors to explore options before a health crisis limits their choices.

    4. Crisis Plan

    A crisis plan answers critical questions before an emergency occurs:

    * Who will make decisions if you cannot?
    * Where would you want to receive care?
    * Who has access to your legal documents?
    * How will family members coordinate responsibilities?

    Having these answers documented can significantly reduce stress during difficult times.

    Your Home Is More Than a Place to Live

    For many older adults, their home is their largest financial asset. Yet few people understand how housing decisions affect retirement income, healthcare options, estate planning, and wealth transfer.

    Cory emphasizes that senior real estate planning is about much more than selling a home. It involves understanding how a property can support long-term goals while preserving financial security.

    Options may include:

    * Aging in place with home modifications
    * Downsizing to a more manageable property
    * Relocating closer to family
    * Moving into independent or assisted living
    * Leveraging home equity to fund future care needs

    Every family’s situation is unique, which is why education and planning are so important.

    Avoiding Family Conflict Through Communication

    One of the most powerful themes from the interview was the importance of family communication.

    Many parents assume their children will simply “work things out” after they are gone. Unfortunately, misunderstandings about inheritance, caregiving responsibilities, and real estate often lead to disagreements that can last for years.

    Cory shared examples of families who believed everyone was on the same page, only to discover vastly different expectations when conversations finally occurred.

    Discussing wishes while parents are healthy allows families to clarify expectations, address concerns, and create plans that reflect everyone’s needs and priorities.

    The Five Pillars of Senior Planning

    Cory’s approach to senior planning focuses on five interconnected areas:

    * Housing and real estate
    * Financial resources
    * Legal planning
    * Healthcare planning
    * Family communication

    When these areas work together, seniors are more likely to maintain independence, preserve dignity, and enjoy a higher quality of life.

    Ignoring any one of these pillars can create challenges that affect the entire family.

    Start the Conversation Before a Crisis Occurs

    Perhaps the most important takeaway from this discussion is that planning is not about preparing for the end of life. It is about creating opportunities for a safer, healthier, and more fulfilling future.

    Whether you’re an older adult thinking about your next chapter or an adult child concerned about aging parents, the best time to start planning is before a crisis forces difficult decisions.

    By creating an estate plan, discussing long-term care options, reviewing housing needs, and communicating family wishes, you can protect both your loved ones and the legacy you’ve worked so hard to build.

    Watch the Full Interview

    Watch Suzanne Newman and Cory Boldhoff discuss senior real estate planning, aging in place, wealth preservation, long-term care preparation, and family legacy planning on Answers for Elders.



     

    Listen on Apple Podcasts

    Prefer audio? Listen to the full episode on Apple Podcasts and your favorite podcast platform.

     

    Frequently Asked Questions

    What is a Senior Real Estate Planner?
    A Senior Real Estate Planner helps older adults and their families make informed decisions about housing, estate planning, wealth preservation, long-term care, and senior living transitions.

    When should seniors start planning for future housing needs?
    The best time is before a crisis occurs. Planning early gives families more options and helps seniors maintain control over important decisions.

    How can a home help fund long-term care?
    Depending on individual circumstances, home equity may be used through downsizing, relocation, reverse mortgage strategies, or other planning tools to support future care needs.

    What documents should every senior have in place?
    Most experts recommend having a trust or will, healthcare directive, financial power of attorney, and a plan for long-term care and emergency situations.

  • Everything You Need to Know About Probate

    Probate is a court process to retitle assets. Probate is designed to create a “final accounting” upon death. It is the legal process of “proving up” a Will, or verifying that a Will is valid, takes place in one of two instances. First, if a person dies leaving behind a Will, or second, if the deceased has died intestate, that is, has not left behind a Will or estate plan of any type or the Will cannot be found. Estate planning attorney Steve Waltar with Legacy Estate Planning joins Suzanne to give us a primer on probate.

    Steve says, “Probate is a Latin term that means ‘to prove,’ and it’s essentially to prove who died and prove what their assets are. So, it’s this court process to retitle things. Probate is not caused because you have a will, and it’s not caused because you don’t have a will. It’s really caused because there are things that need re-titling.”

  • Real Estate After a Senior Passes

    Real Estate 55 Plus provides a spectrum of services for seniors. Real Estate 55 Plus CEO Juli Anne Gibson joins Suzanne to talk about what typically happens when a senior loved one passes and leaves a house in probate.

    “When we’re gonna go into the home, I would say 25% of the time the personal representative or the executor doesn’t live in the state or the city where the property is at. They may have never even have seen it depending on the circumstances. So we’re going to come in and do an evaluation on the home, and we’re going to give a comparative market analysis that says what the home value is worth.

    “And we’re gonna provide up to four options for the executor for the estate, with the first one being selling the home off market. People say, well, why would you do that? Well, typically in a seller’s market, sellers aren’t gonna take that option and we would typically recommend not for an executor to do executor to do that. But if we’re in a buyer’s market or the property has a lot of deferred maintenance, it may be the best option for the estate.

    “Option number two would be do a pre-inspection on a home and disclose the issues, but don’t do any work. And option three could be, do a pre-inspection and do some work so you’re gonna increase the net proceeds. And number four would be to do a full remodel. So we give those options to the executor.

    “Typically, the decisions are made based on how much we return on investment and time. Those are the two big, you know, indicators I think for the person that’s going through that process and making decisions. If there are multiple beneficiaries, there’s a lot of family dynamics. So we not only work on the real estate, we not only work on the real estate side, but we’re the, we’re the, we’re the problem solvers. We’re coming in and we’re, we’re working with the executor honoring the deceased person’s wishes. And, you know, we don’t know the family dynamics and they share those with us. So we want to be really sensitive to everybody else that’s part of the process.”

    You can reach Juli Anne Gibson at (800) 964-1553 or https://realestate55plus.com/.

    Learn more:
    * Real Estate 55 Plus: https://realestate55plus.com/
    * Juli Anne Gibson: https://realestate55plus.com/team/
    * Call 800-964-1553 to speak to a live person

    Hear more shows with Juli Anne Gibson: https://answersforelders.com/tag/juli-anne-gibson/

    Answers for Elders is part of the SeniorResource Network: https://www.seniorresource.com/
    Check out our affiliate podcast Alzheimer’s Speaks: https://alzheimersspeaks.com/

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