Hero Story
Please Share

Probate Attorney: When Would You Need To Hire One

If you're reading this, I'm earning money off of the affilaite links and ads below. Thanks for helping to feed my family. Please see our disclosure for more information. Also, any advice provided is for informational purposes only. I'm not a CPA, lawyer, or doctor, although my parents wanted me to be all three. So, talk to a professional before acting on anything you read below.

probate attorney

Getting estates settled is seldom easy and there are chances of disputes arising. When it comes to handling probate issues, you may be confused by the complex terminology and frustrated by the lengthy process. Hiring a probate attorney makes sense if you want to sideline these challenges.

These legal professionals offer legal expertise and experience that can help you simplify the complications and settle family wills and assets easily. Even though you have the option of handling the process on your own, it is advisable to bring them in. Here are some situations that warrant hiring a probate lawyer to settle a succession.

You expect a family conflict

Probate is often accompanied by family conflicts, particularly when the estate is not distributed fairly among the heirs. Things can escalate with arguments and bad feelings for each other, which is something that no one would want to happen. If you are expecting such a feud, bringing in a lawyer can be a wise move. Apart from facilitating the process, they can help the heirs settle things amicably, without turning the succession into a full-blown courtroom battle.

Related: How One Father Built His Son A Hand & And Now Does It For Other Kids

You want it to be over quickly

There are chances of the probate process getting bogged down in details, which means that you can expect it to last long. And this is something you would want to sort out sooner rather than later. But things are often delayed when the responsibility of handling the estate settlement is given to an inexperienced executor who has limited legal or financial knowledge. Specialized attorneys can jump in to expedite the process because they have the right expertise and experience.

There is a legal claim against the estate

In many cases, there are legal claims against estates and a significant part of the assets may end up going to someone else rather than the rightful heirs. There may be creditors or others waiting to take advantage of the testator’s death and come out of nowhere to bring a legal claim on the assets. The best way to handle the situation is by letting a probate attorney protect your succession rights.

You want help in drafting your will

If you think that the role of these professionals is confined to the “after-death” stage only, it isn’t! You can go through https://www.shreveportlawyer.com/blog/what-is-a-probate-attorney/ to understand how they actually work. You may even seek their counsel while drafting your Last Will and Testament. A document made with the help of an expert is sure to be considered valid by the court and there are fewer chances of hassles for your successors after your death.

You need guidance for technical details and court filings

Amongst the complexities of the probate process, there are also the ones related to court filings. There could be some technical details that you may find confusing. Coupled with the grief of the death of a loved one, this can make the situation stressful. Your attorney can come to your aid and ensure that every single technical aspect of the case is covered so that there are no mistakes in the filing process.

You are confused about debt settlement

At times, executors may have to struggle when it comes to settling debts during the process. While this can elevate stress, there are obvious delays as well. And you would want to be cautious because no executor would want to release an inheritance with the risk of creditors coming in later with unsettled debts. Moreover, there are specific timelines and debts have to be settled within these. A seasoned attorney can be of great help for ensuring that there are no unnecessary disputes or delays in debt settlement.

There are some special circumstances you are dealing with

When it comes to estate settlements, they can be more than just clearing debts and passing out inheritance to the legal heirs. There are several aspects that require specialized skills and situations to be handled. For example, the assets to be bequeathed may not be appraised yet. The accounting part of probate activities could still be pending or there could be some legal issues yet to be resolved. Only an expert can help you deal with such situations and get the process sorted as soon as possible.

Probates are not as simple as they appear and they can confuse both executors and beneficiaries. But a specialist probate attorney is just the right person to simplify things and get them sorted out quickly. So hiring them definitely emerges as a smart move if you want to cut down the stress and save time.

>