This Article Written for Willhoite Law, PLLC
When a family has just suffered the loss of a loved one and is going through grief and stress, they are faced with a lot of hard decisions at a time when they are least able to make them. When a person dies their family carries a heavy burden of grief and bereavement, a circumstance that no-one is ever really prepared for. Compounding their anxiety is the difficult task of properly settling the estate. That’s why an attorney is an essential asset.
The death of a family member is usually a very difficult and trying time for many, and in most instances is a time marred with disputes over the acquisition of the deceased’s assets. The descendants of the dead person must gather a way to appropriately acquire property that has been left behind, and the only way to conclusively do this is through a probate process. Probate is a term that you have probably heard before in passing when someone has lost a loved one. Although the term may be familiar, the actual process that applies may be unfamiliar. There is a lot of detail to the mystery of the probate process; however, it is not so difficult that the average bear can’t understand when explained in simplified terms. Probate refers to a court proceeding related to the settlement of a person’s estate after death.
Probate is the official legal process of estate administration that must be completed after an individual has passed away. With probate, all claims against a deceased person’s property are settled, as well as the distribution of their assets in the way that is in accordance with the decedent’s wishes. The rules and laws of probate vary from state to state and each state can have a different procedure and hearing process for probate. This process is one that involves complex legal matters, and as such, it is not one that should be handled without the knowledgeable expertise of a professional attorney.
Basically, probate is a process whereby the court transfers the decedent’s estate to his heirs. This process also includes giving out notices to creditors and settling the decedent’s debts. If the decedent had left a will, his estate will then be distributed according to his wishes. The process ends only when all debts have been settled, taxes have been paid and properties have been properly distributed. Usually, your probate attorney will work with the will’s executor or the state administrator throughout the process. The whole process can be tedious, so it is very important that you need to hire an attorney to help your executor or you throughout the whole thing.
Nowhere is this more apparent than during estate settlement and probate proceedings. Probate laws are complex and virtually no individual other than a probate attorney has adequate training in such an unknowable and complex area. Probate laws administer the property distribution process that follows an individual’s death. It involves the handling of an estate when a loved one or an individual passes away. These laws guarantee that any sort of possessions left by the deceased will be properly distributed to his or her descendants and that any sort of creditors will certainly be paid. It would be a smart idea to consider just what you may have to do in case you face such a situation where you will need to deal with an attorney.
The feelings that one may feel once a loved one is lost can make any legal matter tough to deal with. Additionally, some individuals could find the probate process difficult, lengthy, disheartening and really expensive. Enlisting the services of a qualified probate attorney at Willhoite Law, PLLC can make a large difference in your case as you will surely be led all through the probate, trust, tax and inheritance matters in a sensitive, cost-effective and professional way.
It is of great importance that one takes time in acquiring a probate attorney who is competent enough with the legal processes and laws governing the transfer of a deceased person to the heirs. He will be involved in taking an executor through the entire probate process as well as granting them advice regarding the case. Regardless of just how easy or difficult your probate case might be, an attorney will be there to protect your interests. They will assist you with the best effort to ease legal burdens that could come along with the death of your loved one. You would want to ensure, of course, that the process will run smoothly to save you time and minimize difficult situations at a difficult time.
As you might expect, every estate is different and has unique assets to be valued, sold or distributed to heirs. But before an executor takes any action they should consult with the attorney, to prevent a mistake that may be difficult to reverse. The settlement of an estate can take anywhere from a couple of months to several years to be fully paid out and closed, but the probate attorney will be your best guide in this area.
One of the greatest advantages of dealing with an experienced probate attorney is their ability to protect the executor from legal and financial liability. The repercussions of inadvertently mishandling estate affairs can be severe. The executor or personal representative has inherent fiduciary duties of loyalty to the estate. Fiduciary duties are one of the first topics that all executors should discuss with an attorney.
Hiring a probate attorney can relieve you to a great extent and can make the process smoother. However, you need to be careful when you choose an attorney for your case. Make sure your lawyer holds good experience and knowledge in the field and also make sure that your attorney is capable, reliable and trustworthy. He or she should be someone who can handle the whole process. There are so many things to consider when you undergo a probate process. A good attorney can help you sort things out. You can have someone taking charge while you go through the bereavement process. Probate can be overwhelming, so it will be such a huge relief to have someone competent takes over for a while. You can look for an attorney at Willhoite Law, PLLC who can help you throughout the whole probate process.