Deciding When You Need To Consider Hiring A Probate Attorney
When you lose a loved one, there are enough things to think about and consider to keep you very busy but the one thing that comes after the funeral arrangements and morning is the execution of the departed's will. If there was no will, that opens up a whole new set of issues that need to be considered but the best way to sort all this out is a probate attorney.
Do You Need A Probate Attorney?
Executing the will of the deceased involves more than just pulling it out of the envelope and reading it. There is an entire process of validation and execution that has to be handled properly. If these steps are not taken, the will can be invalidated causing bigger problems because now the estate is in limbo until the probate court can sort it out. A Probate Attorney can get the validation of the will taken care of and execute it properly. Even if everything is spelled out to the letter, if you wish to honor your loved one's wishes, you need a probate attorney involved in this process. If you are the executor of the will, it can take a huge load off you to have this professional help guiding you.
Does Everything Have To Transfer Through Probate?
This question is one that creates confusion because while there are times when a surviving husband or wife can transfer items or possessions to others or keep them. The rules vary greatly from state to state but if there is no surviving spouse or cohabitant, the probate court will most likely have to decide how to handle the estate. The best way to get a clear answer on this is to contact a probate attorney in your area and explain the situation to them. They can help guide you through what needs to happen and represent you in court if the estate ends up in front of a probate judge.
What Happens If There Is No Will?
In the case of a death with no will, the probate court will have to determine how the estate is divided. If you have an interest in the estate, you will need to hire a probate attorney to represent you in court. Because the court has a specific process in these matters, the best way to get through it is to let your attorney work out the details and interact on your behalf with the court. In any case where there are questions about the will, the lack of a will, the validity of a will or a dispute of the estate that brings it to the probate court, you need to have an attorney to guide you. If you are unsure you need one, get a free consultation and see what they can do in your situation.
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