Estates are handled through the probate process after someone passes away. Because it is a judicial procedure, it may be difficult and requires legal terms. Appropriately handling a will is crucial for the one who creates it, any beneficiaries, and anyone nominated as an executor.
A probate attorney can administer a decedent’s estate using their expertise in probate law. A probate lawyer guides an estate’s beneficiaries or executors through the probate process and helps with everything from identifying beneficiaries and estate assets to allocating assets and inheritances.
In addition, probate lawyers ensure that the instructions of the deceased are carried out and that the heirs receive any inheritance with the least stress. Are you confused about whether you should hire a probate attorney?
There are many ways a probate lawyer can assist, whether you are in control of another person’s estate or making plans for your family’s future. They greatly simplify estate planning and keep you from encountering issues.
This article will cover all the justifications for hiring a probate lawyer.
Why Should You Engage An Estate Lawyer?
What happens if you pass away without creating any estate planning documents? It indicates that you passed away “intestate,” which means the court will distribute your assets to your close family members.
Let’s say you don’t want a group of random people to pick who will inherit your fortune. In that instance, we advise you to work with an estate planning attorney to draught the necessary paperwork.
For some people, creating a testament might turn into a stressful task. However, having one of the best probate estate lawyers handle these matters will free up your time to attend to other important matters.
Here is a rundown of the reasons today’s homeowners need to engage estate attorneys. The benefits of having these lawyers help you include the following:
1. Gain Access to the Estate Sooner
The longer you wait to hire an attorney, the more time the estate will be in limbo. The Executor can still make decisions for the estate, but those will be subject to court approval.
An attorney can quickly and efficiently resolve any issues with creditors, heirs, and government agencies. The Executor’s job is to settle the estate and deal with disagreements among heirs or other beneficiaries.
For example, suppose there are disagreements about what should happen with the property (for example, who gets which painting). In that case, it might be difficult or impossible for them to agree on an answer without hiring an attorney specializing in probates.
2. Probate Attorneys you understand the process
Whether you are the Executor of your loved one’s will or are being asked to assist with settling their estate, hiring an experienced probate attorney can help prevent family conflicts.
As an executor, it is your responsibility to ensure that the deceased person’s assets are distributed according to their wishes. But without formal training in estate administration, you may find yourself lost and uncertain about how to proceed.
A probate attorney can help ensure everything is handled legally and smoothly so that there are no complications when distributing the person’s property. If you are not an executor but want to assist with settling someone else’s estate, a probate attorney is necessary for any transactions that involve real estate or other substantial assets.
3. Pay off all debts
There may be unpaid debts after someone passes away, which the estate is responsible for paying. You have to take care of these debts as the Executor. This process can take a long time. The debts may include taxes, unpaid bills, and loans.
A probate lawyer can help you avoid overpaying, underpaying, or overlooking crucial financial information. You can also get help with getting the death certificate or legal documentation and notifying creditors of the death.
Debts and bills can sometimes be extremely difficult and stressful, particularly after losing a loved one. You can get professional guidance and peace of mind by working with a probate lawyer.
4. An estate planning attorney help you avoid making mistakes
One of the most important reasons for hiring an attorney for your probate case is to avoid making mistakes. Probates are incredibly complex and difficult, so it is crucial to have an experienced professional on your side to guide you through the process.
A probate attorney can help determine what assets need to be distributed and how they should be divided between heirs or beneficiaries. It will ensure that everything goes smoothly.
5. Avoid Rejection
The court must receive a few documents before estate probating can begin. These forms must be properly completed and filed. Otherwise, they won’t be accepted by the court.
The court will probably reject your initial probate if the paperwork isn’t quite correct. As a result, you will have to put in more effort, and the probating process will take longer. But if you have a lawyer on your side, they’ll know how to legally file all the paperwork so the probating process can proceed.
6. Probate Lawyers Hold Important Resources
Law firms with excellent resources, finances, and contacts employ reputable probate lawyers. Anyone dealing with a difficult or drawn-out probate process may find this a game-changer.
For instance, if a Grant of Probate is granted, the Executor might have to keep money in a trust for beneficiaries who are minors. A probate lawyer cannot perform the role of an accountant, but they can recommend qualified and competent tax experts and accountants to you.
Do I need to hire a probate attorney?
In the likely event that someone in your family dies, you may wonder what to do next.
With the help of a probate attorney, navigating through this difficult time can be much easier. If you are considering hiring one to handle the deceased’s estate, there are many reasons why it would be best to do so.
A probate attorney can help you save time and money and will know the best way to divide assets per any wishes or guidelines of the deceased. In addition, a probate attorney can help you avoid family conflict by providing guidance and advice about how to settle an estate efficiently and fairly without giving rise to litigation among family members.
If there are disputes among family members, a probate attorney can help them reach an agreement through arbitration, mediation, or another form of dispute resolution. This way, they don’t have to go to court and spend time and money on the legal process when they are already occupied and in a state of mourning.
I am Adeyemi Adetilewa, a media consultant, entrepreneur, husband, and father. Founder and Editor-In-Chief of Ideas Plus Business Magazine, online business resources for entrepreneurs. I help brands share unique and impactful stories through the use of public relations, advertising, and online marketing. My work has been featured on the Huffington Post, Thrive Global, Addicted2Success, Hackernoon, The Good Men Project, and other publications.