If there are multiple Wills, no Trust, or no Will at all when your loved one passes away, you could be left battling for your fair share of the inheritance. There can be a wide range of things you will need to do to properly determine the matters of the estate. Working with one of our competent estate planning attorney can help ensure you are taking the right steps and that your rights are properly defended. We can provide you with thorough details about what steps you should be taking following your loved one’s passing and what is happening with the court.
Probate can be a confusing and time-consuming process that some people try to avoid. While probate is not always necessary, it is common for families to undergo probate if the deceased owned assets solely in his or her name and there is a great deal of uncertainty on how to divvy up the assets.
Representation for Probate Litigation & Disputes
For many people, probate disputes can be emotional and hard to resolve quickly. These disputes can be made more difficult since they often involve family members or people whom you have a close association with. Having representation from an educated probate lawyer can help to resolve these disputes in mediation or in the court.
Advocating for Your Rights to Your Loved One’s Property
It is our objective to make sure that the legacy of your loved one is appropriately preserved. We can help file the proper paperwork with the court to make sure their estate is being adequately cared for or advocate on your behalf in litigation. Probate can be a time-consuming process, but we can help make it easier for you.
Hiring a Probate Attorney: With a Will
If an individual dies with a Will, a probate lawyer can be hired to advise the executor of the estate or a beneficiary on various legal matters. For instance, an attorney may review a Will to ensure it wasn’t signed or written under duress. E.g., Elderly people with dementia, for example, may be vulnerable to undue influence by individuals who want a cut of their estate.
Additionally, a probate attorney can assist or perform the following tasks:
- Locating and distributing life insurance proceeds;
- Having property appraised;
- Finding and securing all of the decedent’s assets;
- Advising on how to pay the decedent’s bills and settle debts;
- Preparing/filing documents as required by a probate court;
- Managing the estate’s checkbook; and
- Determining whether any estate taxes are owed.
Hiring a Probate Attorney: Without a Will
If you die without having written and signed a Will, you are said to have died “intestate.” When this happens, your estate is distributed according to the intestacy laws of the state where the property resides. In these situations, a probate lawyer can be hired to assist the administrator of the estate, but the assets will be distributed according to state law. In other words. although a probate lawyer can help with some tasks, they are bound by state intestacy laws, regardless of the decedent’s wishes or family members’ needs.