Long Hagan Huff-Harris

Yes, that’s correct. Unless your last surviving parent’s will explicitly grants you the power to sell their house, you don’t have the authority to do so. And even if it does, you’ll likely still have to go to probate court to be granted that authority. Unfortunately, what often happens in your situation is that the beneficiary, as the nominated personal representative of the estate, goes to a broker and puts the house on the market. They get an offer and sign as the executor, thinking they’re free and clear to make the deal. Then, less than a month from closing, the buyer’s attorney flags an ownership issue with the title. Since you must pass a good title to sell a property, the sale falls through. The bottom line is that no one has the authority to act on behalf of the property until the court allows them to. Real estate brokers and attorneys aren’t always knowledgeable about this, so before you call a broker, contact us.

Unfortunately, just because you have a will doesn’t mean you can avoid probate. Your family will still need to take the will to court to prove that it’s the true, actual document of the decedent. In addition, a judge must grant someone the authority to oversee the inventory and distribution of assets. The only way to avoid probate is to create a trust and put all of your assets in it. Assets held in a trust aren't subject to probate, which means your property can be distributed to your beneficiaries quickly, privately, and less expensively. Certain kinds of trusts can also provide significant state estate tax savings. If you’d like to learn more about creating a trust to manage your assets, we’re happy to help.

In our view, there are no winners in divorce. The real question is, what’s the least amount of damage you can do to your family? We aim to get the fairest and most equitable results possible, with the smallest amount of financial and emotional damage to you, your children, and even your ex-spouse. That said, we’re willing to take on the toughest cases—we’re very good at helping people turn bad situations around. We don’t enable crazy behavior, especially when it works against your goals and your family’s best interests. And we’ll help you understand exactly what you need to do to get the best possible results. Here’s what winning looks like to us: It’s when you no longer need judges and lawyers in your life.

It depends on how reasonable you and your ex-spouse are willing to be. Spouses who cooperate on a fair settlement can usually achieve a relatively quick and inexpensive divorce. If your situation requires a lot of negotiation or multiple trips to court, that’s when things add up. At the very least, you must create a separation agreement and attend a divorce hearing before a judge to be granted a divorce. Our minimum retainer for these services is $5,000. If your case involves additional court hearings or motions, each instance can add $2,000-3,000 dollars to the cost. We aim to be as cost-effective as possible, and we’re transparent about costs and tradeoffs to give you a clear picture of where it makes sense to spend money and time. In the end, we’d rather you spend your money on your children, not your attorneys.