Reasons why you need a probate lawyer

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Reasons why you need a probate lawyer

Probate process can be long and exhausting for all parties involved. The process is necessary for implementation of a last Will. Only when the estate document is approved can an estate executor implement the estate plans and distribute the properties to named beneficiaries. You don’t want to lose all you properties by hiring an incompetent lawyer; else you need a professional probate lawyer.

A probate lawyer would help you through the entire process of initiating the probate proceedings in the probate court to implementing the estate plan. Sometimes, the length of probate is uncertain. The process can be time consuming and families can be kept off there deceased asset or estate properties for months until the probate process is concluded. With probate lawyers, decedent’s asset beneficiaries and other present at the court processes, only the judge can rule the document as fit or unfit, however, only after careful considerations. This period could is always very tense for all parties involved. As such you need a probate attorney who can effectively work under this breathe taking pressure involved probate processes.

What is involved in a probate process?

Typical probate process looks like:

  • Appointing a personal representative or executor to initiate a probate proceeding in the court.
  • Locating the decadent’s estate and other asset properties.
  • Determining the date of death values of the decedent assets.
  • Identifying the decedent creditors and notifying them of this death. This is required before the estate plan can be implemented.
  • Payment of the decedent’s death. This may include tax incurred on estate as well as other accountable debts incurred during the probate process.
  • Preparing and filling taxes returns on the deceased properties.
  • After the above process, the court can then give a nod to the personal representative to distribute the decedent’s estate as stated in the Will.

The above processes require that you have hire a good probate attorney.

What would a probate attorney do?

  • Initiate probate proceedings and defend your interest. 

Your probate attorney would help you initiate the probate hearing in court. Before any probate hearing is admitted to the court, all necessary document must have been prepared and submitted. A probate attorney knows the right document to help you get through the probate in time. Even during the process, the attorney would defend your interest and ensure that the proceedings goes in your favor.

  • Locating the decedent’ assets.

Most times a decedent can own more than one estate across several states. Locating and collecting these assets can be extremely difficult. Several processes and documents approval would be required to claim estate properties outside where the deceased lived. You need a probate attorney to help you carry out the necessary formality involved.

Also, the probate lawyer will help in verifying the claims of creditors. Typically, the probate attorney would oversee any financial records or claim presented by the personal representative. However, the estate executor will also have to keep track of the estate checking account and pay estate debts, bills and other expenses.

  • Settling dispute

During probate session, it is not uncommon for dispute among many issues to come up. This could be between the estate executor and the beneficiaries or even among the beneficiaries themselves. Settling these dispute estates requires professional hands as estate and probate processes could get complicated. A probate attorney can come in and settle all these disputes.

Bottom line.

These processes itself is time consuming; however, probate can be further elongated when certain things are not properly done. Here a factors that further influence or cause delayed probate:

  • Wrong details supplied in the Will.
  • Decedent have assets in several states.
  • Dispute among beneficiaries. The beneficiaries named by the decedent do not agree to the Will statement and would rather petition the court further to determine its authenticity.

The process and activities involved in probating a will is in itself long. Even more difficult is that the probate court has to be informed on any progress made until final nod is given to implement the plans.

Contact a probate attorney near you today.

The role a probate attorney plays in probate and settling of estate cannot be underestimated. Probate periods are always tough times for the deceased family and every other close relative. To eliminate the burden of losing a family and also losing an estate property, you need a probate attorney to handle your probate processes.

DISCLAIMER: The information provided in this blog is for informational purposes only and should not be considered legal advice. The content of this blog may not reflect the most current legal developments. No attorney-client relationship is formed by reading this blog or contacting Morgan Legal Group PLLP.

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