Estate administration is inherently an emotional process. That’s partly because it typically occurs while a family is still grieving their departed loved ones, and partly because it involves bequeathing financial benefits to certain beneficiaries.
Therefore, disputes are almost always bound to occur.
Working with a probate lawyer can help resolve contentious claims in inheritance matters.
A probate attorney ensures every beneficiary receives their rightful allocation, preventing acrimonious fallouts occasioned by perceived unfairness.
But how do you determine when it’s best to hire a probate lawyer? That question shall be the focus of this post.
Below are the tell-tale signs to contact a reputable probate attorney before going ahead with estate administration.
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You’re Dealing with a Vast and Complex Estate
Vast estates can be challenging to administer equitably to the listed heirs.
Let’s assume the deceased bequeathed 10% of Company X to their only grandchild and the rest to their children. But the children also hold directorial positions in the said organization, which gives them a clear financial head-start over the grandchildren.
A probate attorney can help distribute the assets in view of existing dynamics that the deceased might have missed or not anticipated.
Other types of complex assets include;
A probate lawyer can help distribute the assets in view of existing dynamics that the deceased might have missed or not anticipated.
Other types of complex assets include;
- Businesses with branches/stores in different towns, states, or countries
- Real estate properties
- Shares and bonds
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There’s No Will
We cannot overemphasize the significance of leaving behind a will.
A will provides peace of mind, knowing a deceased person’s estate will be distributed according to the terms specified therein. It’s a proactive way to forestall bitter family feuds.
But since death is unpredictable, there are numerous cases where wealthy individuals have left behind no legal wills. That’s another perfect scenario where working with a probate lawyer can make a significant difference.
Note that the absence of a will means the relevant state laws automatically take effect. Therefore, you need a probate attorney to offer proper legal direction.
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The Will Is Contested
Not leaving behind a will is bad enough. However, it doesn’t compare to having every clause in the document challenged by the perceived heirs and beneficiaries.
Most people will contest a will claiming more than their listed share of the deceased’s estate. Some may challenge the document for omitting their names altogether.
Whichever the case may be, probate attorneys can help iron out contentious clauses in a will.
The lawyer’s expertise may also be instrumental in investigating allegations of fraud and undue influence.
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Disputes Are Escalating
Some disagreements arising from estate administration may be resolved amicably. After all, allowing these disputes to spiral out of control can bring dishonor to a once-respected family.
But depending on what’s at stake, disputes may escalate dangerously. A probate lawyer can play a neutral arbiter and prevent acrimonious fall-outs.
Working with a probate attorney is a smart way to avert long-drawn litigation. Besides being inherently costly, inheritance lawsuits can fray the fragile fibers still holding the feuding family together.
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Debt and Tax Issues Are Tied To the Estate
Before distributing assets to heirs and beneficiaries, it’s prudent to establish if the property has any debts or taxes tied to it. It’s a probate lawyer’s job to make these vital determinations.
A probate attorney will ensure all credits are duly settled in the correct order. Ideally, the attorney will insist on clearing all debts and outstanding taxes before legitimate heirs receive their allocation of the deceased’s estate.
Exemptions include credits tied to active businesses, whose shareholders all happen to be listed in the will. Such debts can be paid if and when the business dissolves.
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Mounting Concerns Over Executor Misconduct
Cases abound where will executors were accused of mismanaging the deceased’s funds. This can happen overtly through direct withdrawals or covertly by creating unnecessary logistical hurdles.
Besides, some executors may delay asset distribution without justifiable cause.
A probate lawyer can help investigate these claims and take proper legal action to safeguard the beneficiaries’ interests.
In the same breath, probate attorneys provide legal guidance to will executors. They ensure the executor administers the estate properly, minimizing personal liability for errors or omissions.
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You Want To Avoid All the Stress
There may be instances where a will’s heirs don’t trust the executor and won’t agree on anything amongst themselves.
In such cases, a court settlement is often inevitable.
A probate attorney can help navigate complex legal procedures. They prepare necessary paperwork, handle court filings, and represent you throughout the litigation.
Working with a probate attorney can fast-track the probate process, which typically lasts 6 – 9 months. This reduces stress, enabling you to focus on grieving your loved one.
Navigating Estate Disputes With Professional Services
Estate administration is a complex legal procedure that requires navigating state-specific laws. It’s also a high-stakes affair, due to the financial benefits involved.
Working with a reputable probate lawyer is the surest way to fast-track estate administration.
A probate attorney will ensure both the estate executor and beneficiaries comply with the conditions of the will. This can help to avert conflicts, allowing the family to remain united during and post the grief.
A probate lawyer’s legal expertise will also come to bear in handling estate-related debts, taxes, and incomes. And should the matter proceed to a full trial, the attorney will offer the much-needed legal representation.
When looking for a probate lawyer, insist on an experienced individual with in-depth knowledge of probate law. It’s better if the lawyer has handled similar cases before and has impressive customer reviews to show for it.
