By Akram Mondal
As we go through our life, one thing we often forget to plan for is death. When someone passes, the emotional pain and anguish the family members and loved ones go through itself is unimaginable.
However, what further complicates and makes this time even more difficult is when estate disputes arise. One way to avoid such a situation is to hire a probate lawyer.
If you are executing someone else’s estate, a probate lawyer can help you.
What is Probate?
Probate is the process whereby a deceased person’s will is proved before the court, and all those who are due to inherit from the estate are determined. It is essential to succession law, especially for large and complex estates of high value.
For executors of an estate, probate is necessary, as they are responsible for the distribution of the estate as per the deceased’s wishes. It can make an already demanding job much more intense and complicated, as all sorts of contingencies are involved.
For instance, the inheritors, i.e., family members, can turn against one another and challenge the will. Or a mistake on the executor’s part can cause them to stand personally liable.
What is a Probate Lawyer?
It is where probate lawyers step in and take the reins of the succession process. Additionally, probate lawyers not only look after the probate process but can also help people with estate management.
Due to the sensitive nature of the matter, it is essential that the person handling the estate either has a good handle on the legalities or is assisted by someone who does, i.e., a probate lawyer.
It’s relatively easy to find a probate lawyer, and a simple google search of “probate lawyers near me” can help you find a legal professional.
What does a Probate Lawyer do?
With the expertise of a probate lawyer, the probate process becomes smoother, faster, and much less overwhelming. Probate lawyers primarily play a consultative role, providing legal advice regarding the succession process. However, there are other aspects of succession that probate lawyers may be required to carry out:
- Taking account of the deceased’s estate, including all moveable and immovable assets
- Securing the deceased’s estate
- Intimating all concerned parties, such as the deceased’s insurance providers and banks of the deceased’s death
- Arranging for the appraisal of the estate
- Managing the deceased’s final tax filings and returns
- Assessing the total debts of the deceased and advising on their repayment
Reasons You Need a Probate Lawyer
If you are an executor of an estate, hiring a probate lawyer is the right thing to do. It is the best way to ensure that the estate distribution is carried out correctly. However, if you’re still unsure, here are four reasons you should hire a probate lawyer.
1. Speed up the Probate Process
The probate process is quite technical and can take a substantial amount of time. There have been cases where getting through probate has taken more than two years. The reason for such a long timeline can be mistakes on the part of the executor, or third-party hold-ups, such as delay in providing required information by the deceased’s bank.
With a probate lawyer at the wheel, you can be sure that there would be no such time-consuming mistakes. At the same time, third parties are much more likely to comply with requests for information and documents through a legal channel. In this way, you can probably get through the probate process in less than a year with a probate lawyer.
2. Avoid Conflict between the Inheritors
The most common tragedy that befalls a family after a death is the conflicts between family members over the deceased’s estate. If the executor of the will is a family member, other members will likely view their acts through a lens of doubt.
It can lead to bad blood and misunderstandings. Moreover, conflict is guaranteed when the will is ambiguous, and the decision-making power falls to the inheritors.
However, with a probate lawyer handling everything legally, no one can claim that their inheritance rights are being neglected due to personal interest. Neither can anyone question the genuineness of the lawyer’s advice, given they don’t have any personal relationships with the family.
3. Proper Debt-Management
Managing a deceased’s debts is very tricky. There are various types and natures of debts, with all kinds of contingencies attached. There are secured debts, unsecured debts, insured debts, administrative debts, etc.
To go through every debt and assess the actual liability of the deceased’s estate is no easy feat. At the same time, simply paying off each debt as claimed would likely lead to paying much more than is legally required.
Therefore, if you want the estate’s debts to be managed effectively and adequately, you should hire a probate lawyer. Probate lawyers know the technicalities of debts and are in a much better position to determine what is to be paid and what is not.
4. Handle Claims against the Estate
When an estate is under succession, there are often claims against it from interested parties, generally estranged family members. While making a will, people often act strangely and choose to exclude close relatives as well.
Although that is their legal right, the aggrieved parties can always file a claim saying that the exclusion resulted from manipulation and coercion. If proven, such a claim can lead to the validity of the will being questioned.
With an executor handling the process, the courts are much more likely to consider the arguments put forward by claimants. However, a probate lawyer can handle the claims against the estate.
Final Words
Dealing with a loved one’s death is extremely difficult. One can only imagine the pain and loss that follow such a tragedy.
However, by hiring a probate lawyer, you can at least ensure your mourning period is not spent worrying about the deceased’s estate.
Having a seasoned legal professional by your side will also give you the peace of mind that the estate is being appropriately managed, and the distribution will be as per the deceased’s wishes.
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