Are you struggling with the loss of a loved one?
When a loved one passes, their physical assets will not go with them. This means their estate will most likely go to the people written in their will. However, not all people have the luxury of preparing their will.
Avoid getting into conflicts.
Instead, get a probate lawyer to help settle assets using the legal system. That way, you need not escalate it further and estrange family members. Read on and find out more:
1. Avoid Family Conflicts
This is one of the most important reasons to get a probate attorney. If you have one on the scene, you can prevent unnecessary family conflicts. This ensures fairness to every party involved.
Otherwise, many family members will want a role in the probate process. This will result in a lot of confusion and conflict. The worst part is that disallowing them to join the process makes them suspicious.
If you proceed without the help of a probate attorney, your family may feel like you’re hiding something. This situation is unacceptable because having more people means the process becomes harder. Tensions can run high when you disagree with other family members on approaching the issue.
Lawyers will prevent this conflict while making everything clearer. They will answer all questions any family member might have. These professionals will do so while maintaining impartiality.
With this, you decrease the risk of getting accusations. It’s crucial when family members tend to accuse you of being unfit to handle the estate.
2. Access the Estate Faster
Probating is a long process that often takes at least a year to complete. Regardless of what you do, you may need to wait for at least three or four months.
Always remember that no one can get instant access to properties. The same holds with investments and assets. However, having a probate lawyer by your side can hasten the process to your favor.
This is especially when third parties try to interfere. For example, banks might deny you information for longer periods. You can prevent this with a probate attorney, moving the process faster.
3. Prevent Claims Against the Estate
When a loved one passes away, you have to worry about at least one defendant. It’s because they will likely claim the estate. This is especially important when the deceased didn’t include them.
For example, a family member or spouse will demand their share when the will makes no mention of them. It’s because they feel entitled to a part of the deceased assets. The reason behind their claim won’t matter.
Even when everyone gets a share, some beneficiaries will likely file claims. This happens when they think the distribution isn’t correct. The worst part is that these people often use their personal gain as motivation.
Hiring a probate lawyer will help you get rid of these claims. That way, only the people who deserve the inheritance remain.
4. Prevent Rejections
To make estate probating possible, you must satisfy a few requirements. This means filing a few documents with the court. You must fill these out and file them right.
If you neglect this, the court will never accept them. Without legal knowledge, you might find this process overwhelming. Producing probate documents can be staggering, especially if you have other affairs.
Doing your first probate alone will most likely get a court rejection in this situation. This results in more work since you must fill out the forms again. With that, your probating process will take longer.
You can avoid the stress and headache of this process by getting a probate attorney. It’s because these professionals do this for a living. They know how to file the documents right, moving the probating process forward.
This means never worrying about doing bothersome paperwork more than once.
5. Answer Your Questions
As you progress through the probating process, you’ll likely run into some questions. Who are the people you must notify about? Does the process encompass all assets, and what about possible debts?
With a skillful lawyer, they can give you the answers and more. Their experience and knowledge in probating are invaluable to you. This will allow them to give you sound advice on proceeding with the process.
Take note; probating mistakes can mean disastrous results for you. After all, the court might hold you liable for these blunders.
6. Deal with Debts
Sometimes, the deceased may have unfinished business, like debts. As an executor, you must deal with these financial responsibilities. This isn’t easy, but it’s important to settle financial grievances in their stead.
If you handle this alone, you’ll likely spend a lot of time. This happens especially when the deceased’s financial situation is complex. You might end up spending hours, if not days, tallying their finances.
Even when they have a simple financial situation, you must deal with common debts. This includes income tax, personal loans, and funeral costs. In some cases, you can use the estate to cover these debts.
However, every situation is unique. This means you must consult your lawyer. That way, you’ll be certain that everything is as it should be.
7. Avoid Overpaying
You might overpay by accident when resolving the deceased’s debts. This also means you might underpay or pay the wrong people. Some situations also require you to show the right legal documents.
For example, you must pass the right documents to creditors. This allows them to know that the account holder passed away. Let an attorney do this for you to avoid confusion or further conflict.
Get a Probate Lawyer Today!
These are some of the most important reasons to get a probate lawyer. Your probating process need not be confusing. Rely on these legal professionals and let them handle the rest.
Did this guide motivate you to get an attorney? If so, read our other posts and learn more valuable legal advice.