When a loved one passes away, it can be a difficult and emotional time for their family and friends. In addition to dealing with grief and loss, there are often legal matters to attend to, such as the process of probate. Probate is the legal process of administering a deceased person's estate, including distributing their assets, paying off debts, and settling any disputes. While it is possible to handle probate without an attorney, there are certain situations where it is advisable to hire a probate attorney. Here are some of the circumstances in which it may be necessary to hire a probate attorney.
Complex Estates
If the estate is particularly large or complex, it may be necessary to hire an attorney. This could be due to the number of assets involved, the number of beneficiaries, or the complexity of the deceased person's wishes. An attorney can help ensure that all legal requirements are met, and can guide the executor or administrator through the probate process.
Contested Wills
If there is a dispute over the validity of the will or if someone contests the distribution of assets, an attorney can be invaluable. A probate attorney can represent the estate in court and defend the wishes of the deceased person.
Disagreements Among Beneficiaries
Even if there is no dispute over the validity of the will, beneficiaries may still disagree on how the assets should be distributed. An attorney can help mediate these disputes and find a resolution that is fair to everyone involved.
Business Ownership
If the deceased person owned a business or had a stake in a business, an attorney can help navigate the legal requirements of transferring ownership or selling the business.
Tax Issues
Depending on the size of the estate and the state in which the deceased person lived, there may be tax implications. An attorney can help ensure that all tax obligations are met and can advise on any tax planning strategies.
Out-of-State Property
If the deceased person owned property in another state, an attorney can help navigate the legal requirements of transferring ownership and ensure that all legal requirements are met.
Family Conflicts
If there is a history of conflict among family members, it may be advisable to hire an attorney to handle probate. An attorney can provide a neutral third-party perspective and help ensure that the probate process is handled fairly and impartially.
While it is possible to handle probate without an attorney, there are certain circumstances where it may be necessary to hire one. A probate attorney can help ensure that all legal requirements are met, can guide the executor or administrator through the probate process, and can mediate any disputes that arise. Contact a local probate attorney to learn more.
Share2 March 2023
