When Do You Require the Services of a Probate Attorney?
The court procedure through which estates are settled—probate—can be lengthy and full of complicated terminologies. This is the reason most estate executors and families turn to deceased estate lawyers to handle probate problems that tend to arise during this complex procedure.
An experienced probate professional is someone who has an accounting or paralegal background and can handle a wide range of probate problems, including the entire process. When do you require the assistance of a lawyer for probate matters? Here are some common reasons.
Conflict
After the death of a loved one, probate problems can arise, creating tension or disputes amongst heirs. Probably you have witnessed estate proceedings tear a family apart over bad feelings and arguments. A deceased estate lawyer can help mitigate such a case, preserving family harmony.
For instance, if someone thinks that the will is invalid, no matter the reason, a lawyer should be hired to represent the estate. If the deceased remarried and got more children, the children of the first spouse can feel that they didn't get a fair share of their father's estate. In these two situations, a lawyer is required to help settle the case.
Contract
Legal documents like disclaimers or deeds need to be prepared during probate to fulfil the final wishes of the deceased or assist heirs to arrange their inheritance properly. For example, if two siblings inherit a restaurant that's family-owned but one of them wants to sell their share to the other, a lawyer can help draft an agreement, including other contracts that will ensure the business is managed properly. Assets tend to be complex if a business is involved, and they will require the expertise of an attorney. He or she will ensure the right legal documents are put in place for dissolving or transferring ownership. But, if heirs own an estate together but don't plan to make ownership changes, getting a lawyer won't be necessary.
Court
If there are some estate proceedings and you need to go before a judge, you will need a lawyer. Sometimes wills and other estate documents can be written unclearly, and interpretations might be required by the heirs. Therefore, you will need a lawyer to present the estate documents or will in the courtroom for interpretation purposes. In case someone challenges a will, it can cause litigation, and all the involved parties will need an attorney to represent them in a court of law.
Contact a professional lawyer for assistance with any legal matters.
