After the death of a loved one, you may have the additional challenge of going through the probate process or administering a trust. If you were designated a personal representative or you have a vested interest in the probate of an estate, it is important to understand your options under the law during the administration process. At Holberg and Holberg, P.C. we offer strategic advocacy and support to protect the best interests of our clients in probate.
What is probate?
The probate process begins after a person has passed away (the "decedent"). In general terms, there are two types of estates: estates with a will (testate estates) and estates without a will (intestate estates). Probate impacts each of these types of estates differently, but for now it is important to understand that probate is the process in which the court oversees the winding up of the decedent's estate, including identifying and marshalling assets and appropriately distributing those assets to heirs or beneficiaries under the will. If the decedent had a properly executed wil, the court will admit the will and ensure that the decedent's wishes are followed. For more information about wills, trusts, and probate, please contact our firm by phone at 251-272-3782 or by e-mail.
Our attorneys have extensive experience handling probate and estate administration matters, which include:
- Helping to transfer assets to the proper heirs or other beneficiaries identified in a will
- Litigating and resolving a multitude of disputes related to estate administration
- Drafting wills and trusts
- Handling or defending lawsuits to set aside deeds
- Negotiating with creditors of the estate
- Contesting claims brought by creditors
- Paying off tax debts
- Guardianships
- Conservatorships
- Involuntary commitment cases
- Condemnation cases
- Common law widowhood disputes
Trusted advocacy and guidance for personal representatives
If you have been nominated as a personal representative (a.k.a. "executor" or "administrator") of an estate or trust, it is important to know your rights and obligations. Many people do not realize that they could be held personally liable for certain mistakes made during the process. We take a comprehensive approach to handling these issues, such as ensuring that debts are paid and property is correctly distributed.
Experienced probate attorneys with a record of results
Ralph Gans Holberg III is a former Temporary Probate Judge and has achieved AV Preeminent certification marks — the highest mark available — for decades. Attorney Michael Ralph Holberg was twice past Chairman of the Probate Section of the Mobile County Bar Association and formerly an officer of same. He is also AV Preeminent rated under Martindale-Hubbell's peer review process.* Both lawyers in this firm have handled over 1,000 probate matters.
Home and hospital visits are available by appointment. We are located in downtown Mobile on the 8th floor of the Commerce Building, on North Royal Street. For more information about probate, wills and trusts, call our experienced Mobile, Alabama lawyers at 251-272-3782 or contact us by e-mail to schedule an initial consultation.
* AV Preeminent and BV Distinguished are certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the bar and the judiciary. Martindale-Hubbell ratings fall into two categories: legal ability and general ethical standards.
