Death is the ultimate truth and that can’t be prevented at any condition! However, after a person passes away, his assets or belongings must be disbursed in a manner consistent with the state laws and following the directions he put forth before his death, as mentioned in his will. In such conditions, a probate attorney can guide the beneficiaries of the will through the probate process. Probate attorney mainly plays a crucial role from identifying estate assets and beneficiaries to distributing that among them.
What does a probate lawyer do?
A probate attorney is a licensed legal expert who functions with an estate’s executors and beneficiaries to manage the decedent’s affairs. If all of the borrower’s assets are placed in a trust, probate may be avoided in some cases. Outside of court and legal processes, the trust can facilitate a seamless transfer of property.
Are probate attorneys and estate attorneys the same?
There is a firm similarity between the probate attorney and the estate attorney. Both of these terms are the same in many cases because an attorney will assist in the various parameters of your case. This attorney’s involvement depends on the value of the dead person’s assets and if the person had any last will to share their properties. In the case of the absence of any will, beneficiaries have to register their claims in court to receive what they deserve. On the other hand, if the deceased person left a will, there may be challenges to prove that the will is valid, and sometimes, it leads to judicial proceedings. To save your rights, talk to a good Springfield probate attorney without any delay.
Here are 5 reasons why you should hire a probate attorney
- Prevent unnecessary family conflict
A probate attorney, sometimes known as an estate attorney, will be involved with the estate in a variety of ways, depending on the circumstances. The extent to which they are involved will be determined by the amount of the decedent’s assets and whether or not they had a final will and testament when they died. Beneficiaries submit claims and litigate for what they feel they are entitled to in the absence of a will. In circumstances when a will exists, questions about its legality may emerge, perhaps leading to litigation.
- Easy access to the estate
Probate can be lengthy if not handled professionally. Sometimes, it takes more than a year and it doesn’t happen faster than about three or four months. No one can instantly access property, investments, or assets but when you have a probate attorney, he can simplify the process and make the assets ready to be accessed by the actual beneficiary.
- Helps to prevent any unlawful claims against the estate
After the death of a person, some people try to claim the estate. Sometimes it happens if one of the family members or spouse was not mentioned in the will but they feel that they should have their share. Beneficiaries may also make claims against the estate if they are not satisfied with the distribution process. When you hire a lawyer to streamline this process, it is easy to get rid of these unnecessary claims.
- Prevents rejection
When it comes to probating the estate, several documents need to be filled with the court prior. These documents need to be thoroughly filled in without any errors otherwise the court may reject them. On the other hand, if the documents are filed wrongly, the probate application can’t be accepted by the court. In this way, the probate process takes more time to complete. In such circumstances, the probate attorney helps to minimize the error and there is no need to go through painstaking paperwork by the client himself.
- Deal with the previous debt
Sometimes, the person who has just died might have owed some debts. Though taking care of these types of financial burdens is not easy, it is a necessary task. If the deceased had any complex financial situation, the client has to spend more time on them. According to the law, you still have to pay the basic debts including income tax, personal loans, and funeral expenses. Most of the time, the cost of the debts will be recovered from the estate itself. However, all these things need to be done according to the advice of the probate attorney.
Wrap up
The decision to employ a probate attorney is based on a number of factors including how intricate your state’s regulations are.
If anyone is in a frenzy regarding the distribution of the asset after the death of any family member, it would be best to seek help from the probate attorney. They can help you to disburse the asset legally without any conflict.