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

  • Protecting Your Home, Your Legacy, and Your Family: Estate Planning Tips Every Senior Should Know

    For many older adults, their home represents much more than a place to live. It’s where memories were made, families were raised, and often it’s the largest financial asset they’ll ever own. But without careful planning, that same home can become the source of family conflict, unnecessary taxes, probate delays, and financial hardship.

    In this three-part episode of the Answers for Elders Radio Show, host Suzanne Newman welcomes Cory Boldhoff, a Certified Senior Real Estate Planner with The Complete Real Estate Group and Complete Senior Solutions, to discuss how seniors and their families can protect their homes, preserve generational wealth, and avoid many of the common pitfalls that occur when estate planning is overlooked.

    Whether you’re planning for your own future or helping aging parents navigate these important decisions, this conversation offers practical guidance that could save your family years of stress.

    Your Home Is More Than an Asset—It’s Part of Your Legacy

    For many Americans, their home is their single largest asset. Yet many families spend years planning for retirement while giving very little thought to what will happen to that home if illness, disability, or death occurs. Cory explains that estate planning isn’t simply about deciding who receives your belongings after you’re gone. It’s about making sure you remain in control of your decisions while you’re alive and making life easier for those you love.

    One of the biggest misconceptions he encounters is that estate planning is only necessary for wealthy families. ccording to Cory, that’s simply not true. Anyone over the age of 18 should have some form of estate plan, especially homeowners. Without one, families often find themselves navigating expensive legal processes, delayed access to assets, and difficult decisions during an already emotional time.

    Planning ahead allows families to:

    • Protect their home from unnecessary legal complications
    • Clarify their wishes before a crisis occurs
    • Reduce stress for loved ones
    • Preserve more wealth for future generations
    • Make healthcare and financial decisions easier if incapacity occurs

    The earlier these conversations begin, the more options families typically have.

    Why Waiting Can Create Bigger Problems

    Suzanne points out that many seniors want to remain in their homes for as long as possible. In fact, most older adults prefer aging in place rather than moving into assisted living. But remaining safely at home often requires planning.

    Cory says many homeowners also hope to downsize eventually but don’t know where to begin. Decades of accumulated belongings can feel overwhelming, leading many families to postpone difficult decisions. Unfortunately, delaying these conversations often shifts the burden onto adult children.

    Instead of helping parents gradually declutter and organize over several years, families are frequently left sorting through entire households after a loved one has passed away. The emotional toll can be enormous. Adult children often spend months—or even years—trying to divide possessions, clean out homes, settle estates, and resolve disagreements while still grieving the loss of a parent.

    Starting early allows seniors to make these decisions themselves instead of leaving them for someone else.

    Understanding Probate—and Why Families Try to Avoid It

    One of the biggest topics discussed during the series is probate. Many people have heard the word but don’t fully understand what it means. Probate is the legal process that settles a person’s estate after death—or, in some cases, during incapacity through conservatorship proceedings.

    Cory explains that probate can be:

    • Public
    • Expensive
    • Time-consuming
    • Emotionally draining

    Depending on the state, probate can take months—or even several years—to complete. During that time, creditors may file claims against the estate, courts oversee many decisions, and family members may have limited authority to sell or manage property.

    One surprising fact many families don’t realize is that probate proceedings generally become public record. That means details about assets, debts, beneficiaries, and estate administration can often be viewed by others. For homeowners, probate can create additional challenges. Vacant homes often sit unused for months while legal proceedings continue.

    Meanwhile, property taxes, insurance, maintenance, and mortgages continue accumulating. Without proper upkeep, homes may experience:

    • Water damage
    • Plumbing failures
    • Mold
    • Pest infestations
    • Deferred maintenance
    • Reduced market value

    Planning ahead can often help families avoid many of these complications.

    Why Trusts Matter

    Throughout the conversation, Cory emphasizes that properly prepared trusts can provide significant advantages for many homeowners. A living trust can allow property to transfer more efficiently while helping families avoid many probate delays. However, he cautions that simply having a trust isn’t enough. It must be properly written, updated, and funded. He shares examples of families who believed they had everything in order only to discover important legal powers had been omitted from their documents. That can leave loved ones unable to sell property, refinance homes, or access needed funds for long-term care.

    Cory also advises against relying solely on generic online legal templates for complex estate planning. Every family’s circumstances are different, making individualized professional guidance especially valuable.

    Preventing Family Conflict Before It Starts

    Perhaps the most powerful discussion in this series centers around family communication. Cory says that most inheritance disputes aren’t really about money. They’re about uncertainty. Questions quickly arise:

    • Who gets the house?
    • Should it be sold?
    • Should someone keep living there?
    • Who pays the expenses?
    • What did Mom really want?

    Without clear instructions, siblings often interpret situations differently. Even families that have always gotten along can find themselves divided. To help avoid this, Cory encourages what he calls a Family Feud Prevention Plan. Rather than waiting until after death, families meet together while parents are still healthy enough to explain their wishes. These conversations can include:

    • Distribution of real estate
    • Responsibilities of the executor or trustee
    • Caregiving expectations
    • Long-term housing plans
    • Legacy goals
    • Financial intentions

    Open communication often prevents years of misunderstanding later.

    Estate Planning Is About More Than Documents

    Suzanne reminds listeners that protecting seniors also means protecting their quality of life today. Planning isn’t limited to wills and trusts. Families should also regularly evaluate whether an aging parent’s home remains safe. Cory recommends checking in several times each year to look for issues such as:

    • Fall hazards
    • Poor lighting
    • Loose railings
    • Slippery walkways
    • Expired food
    • Home maintenance concerns
    • Signs of declining health or memory

    Simple observations during routine visits can identify problems before they become emergencies. Sometimes these visits reveal that additional support—or even a different living arrangement—may improve both safety and independence.

    Creating a Legacy Instead of Leaving a Burden

    Perhaps the greatest takeaway from this three-part series is that estate planning isn’t really about legal paperwork.

    It’s about love. It’s about removing uncertainty. It’s about protecting family relationships. It’s about making sure the people you care about spend their time remembering you—not arguing over paperwork, court filings, or property decisions.

    Whether your estate is modest or substantial, thoughtful planning today can provide peace of mind for everyone tomorrow.

    As Cory reminds listeners, the goal isn’t simply transferring wealth. It’s transferring your legacy exactly the way you intend.

    Frequently Asked Questions

    Is estate planning only for wealthy families?

    No. Every adult should have a basic estate plan, especially homeowners. Proper planning can simplify healthcare decisions, financial management, and asset transfers regardless of estate size.

    What is probate?

    Probate is the legal process used to administer an estate after someone dies. It can involve validating wills, paying debts, distributing assets, and obtaining court approval for many financial decisions.

    Can a trust help avoid probate?

    In many situations, yes. A properly prepared and funded living trust may allow assets to transfer outside of probate. Because laws vary by state, it’s important to consult qualified legal professionals.

    Why shouldn’t parents simply add their children to the title of their home?

    Doing so can create unintended legal, tax, creditor, and ownership complications. Many estate planning professionals recommend exploring other options that better protect both parents and children.

    When should families begin these conversations?

    The best time is before a crisis occurs. Early planning provides more choices and allows seniors to communicate their wishes clearly while they’re able to do so.

    Watch on YouTube

    Listen on Apple Podcasts

    Planning ahead may feel overwhelming, but taking even small steps today can spare your family significant stress in the future. As Suzanne Newman and Cory Boldhoff emphasize throughout this series, protecting your home is about more than preserving an asset—it’s about preserving your legacy, your independence, and the relationships that matter most.

  • 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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