When Someone Passes, A Probate Lawyer Is Needed
Probate can be very complicated if an individual that passes does not have a will. Learn about probate can occur after an individual passes away, with or without a will. When families contest a will, hiring an attorney is essential for the executor of the will. When there is a will issued, a probate attorney will help guide the executor through the legal wrangling of the wishes of the will and any complicated legal issues. Legal issues can include selling and disbursement of assets in the deceased name or legally paying bills from the checking account of the deceased. If an executor or family member does not follow the legal guidelines, they could find themselves in a great deal of trouble with the court system.
When someone passes with a will, the executor is responsible for filing the will with the courts and listing the creditors and debtors of the estate. Anyone that is either a creditor or a debtor is notified of the individual's death. Debts must be satisfied by the executor and any remaining proceeds must be distributed per the will. Executors must secure all assets of the deceased individual including real estate and any assets in banks, in homes or any financial institution. An executor may have to sell various assets in order to satisfy debts during a probate1 proceeding. The executor or family members may request for partial funds to be released during the probate process. When probate attorneys are involved on the deceased and extended family's behalf, probate can last for a very long time.
When an individual does not have a will, the court will appoint an individual to handle the financial affairs. The court may also decide how and to whom the assets are to be distributed from the estate. The amount of assets will also determine whether assets will be determined through a probate court. For example, when there is a surviving spouse, all of the assets below a certain limit may pass directly to the surviving spouse. Every circumstance is different and that is why hiring an attorney is important for the protection of executor or administrator and the individuals that may be involved in the asset disbursement.
There isn't an actual plan for planning for probate. If an individual is an executor or designated as an administrator, it's important to be very organized to start. Don't be afraid to ask an attorney questions because the estate will pay the attorney fees. Follow the advice of an experienced probate attorney and the process will go much smoother.
