Losing a loved one is always a difficult time, and the last thing you want to think about is dealing with legal issues. When a loved one passes away, their estate needs to be handled in a specific way through a legal process called probate.
Probate oversees the distribution of a person's assets as per their will or state laws and the payment of their debts after death. If no will from the deceased person exists, beneficiaries may need to file claims and sue for what they believe they are entitled to. And in cases where there is a will, challenges may arise regarding the validity of the will, potentially leading to litigation.
Not only is probate a complicated process, but it is also overwhelmingly time- consuming as it requires a lot of work and understanding of legal regulations. And any mistakes or incorrectly filed paperwork can only add to the delay and make the process even longer.
That is why it is important to consider hiring a probate lawyer. They have the knowledge and experience to navigate the probate process efficiently and effectively, taking the burden off you. With their help, you can ensure everything is done correctly and promptly. In this article, we will explore some of the top reasons you should consider hiring a probate lawyer.
What Does A Probate Lawyer Do?
A probate lawyer, sometimes called an estate attorney, is a state-licensed attorney specializing in providing probate help and guiding clients through the entire process. They help the executor and beneficiaries of an estate settle the affairs of someone who has passed away, handle the various legal requirements, and navigate any legal issues that may arise during the probate process.
Specifically, a probate lawyer may do the following:
• Identify the estate assets of the deceased.
• Help file the necessary paperwork with the court to initiate the probate process.
• Help in paying bills and debts.
• Assist in identifying and valuing the assets of the estate.
• Help resolve disputes such as contested wills and ensure the deceased person's wishes are respected.
• Communicate with creditors to ensure that all debts and taxes are properly paid.
• Determine if any estate or inheritance taxes must be paid and ensure these payments.
• Represent the executor or administrator in court if any legal issues arise.
• Resolve any income tax issues.
• Advise on the proper distribution of the estate assets once all taxes and bills are paid.
• Assist with closing the estate and transferring assets to the beneficiaries.
A probate lawyer can help ensure that the probate process goes as smoothly and efficiently as possible and that the deceased person's wishes are carried out properly. They provide invaluable assistance in minimizing stress and potential conflicts for the estate's executor, beneficiaries, and heirs.
Why You Need to Hire a Probate Lawyer
Dealing with the legalities of death can be complicated and overwhelming. Fortunately, a probate lawyer can assist you with creating a will and settling an estate. Keep reading to discover 6 compelling reasons why hiring a probate lawyer is crucial:
1. Help You Avoid Family Feuds
Hiring a probate attorney is an excellent way to prevent unnecessary family squabbles. When you don't have a lawyer, family members may want to be involved in the probate process, which can increase tension and confusion. If you exclude them, they may feel left out and suspicious of your motives. However, the more people participate, the more challenging the process becomes. Disagreements may arise, leading to conflict.
Fortunately, a probate lawyer can help you avoid this potential problem and provide clarity for any family members who have questions. They can help mediate disputes and ensure everyone is on the same page. This reduces the likelihood that someone will accuse you of mishandling the estate, giving you peace of mind during a difficult time.
2. Protection from Liability
As the executor or administrator of an estate, you could be held personally accountable for any errors made throughout the probate process. It can be daunting but don't fret. Hiring a probate lawyer can help safeguard you against any potential legal or financial ramifications.
3. Faster Access To The Estate
Waiting for your inheritance can be a frustrating experience, especially if the probate process drags on for up to two years! That is a long time to wait. However, the good news is that the probate process can be completed in as little as three to four months with the right approach. And who can help you get there? A probate lawyer.
Hiring a probate attorney can speed up the process and gain access to the estate sooner. They are knowledgeable about the procedures and can avoid costly or time-consuming mistakes, making the probate process much smoother and quicker.
4. Prevents Errors Related To Wills And Bequests
A probate lawyer can be very helpful when handling legal matters related to wills and bequests. It can be difficult for someone not well-versed in legal matters to handle these issues. A probate lawyer can prevent any mistakes and ensure that the deceased person's will is carried out exactly as it was written. This can help prevent any potential problems in the future. Additionally, a probate lawyer can help defend the will if any claims are filed against the estate.
5. Avoid Legal Claims Against The Estate
Regarding probate, it is not uncommon for people to make claims against the estate, especially if they feel like they have been left out of the will or treated unfairly. Hiring a probate lawyer can help prevent these claims by making it clear that a neutral party is handling the estate and not someone with a personal interest. By doing so, a probate lawyer can help speed up the probate process by reducing the number of claims against the estate.
6. Divert Stress And Maintain Peace Of Mind
When a loved one passes away, dealing with probate matters can add to the stress and difficulties of the grieving process. The complicated paperwork, deadlines, and other legal requirements can be overwhelming. However, hiring a probate lawyer can ease the burden and allow you to divert stress. They can take care of all the legal complexities and ensure everything is done correctly, giving you peace of mind.
Final Words On Probate Lawyers
Hiring a probate lawyer can help make the probate process smoother and less stressful for everyone involved. Whether you are dealing with a lack of a will, a contested will, a large or complex estate, or simply want peace of mind, a probate lawyer can be invaluable. So if you want to avoid the legal nightmare of probate, don’t hesitate to contact a probate lawyer in your area to help you through the process.
