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In 2024, Trust & Will’s statistics revealed that 62% of millennials lack a will or trust, and only 33% of US adults have any estate planning documents. The average probate timeline is 20 months.
Long Beach probate lawyer Bill Preston says that probate is the legal process of settling a deceased person’s estate. As a personal representative or beneficiary, it is important to understand your rights and responsibilities and the steps involved.
This article will review the reasons why you may probably need a probate lawyer after the death of your loved one.
Understanding Probate and Its Importance
Probate is a court process that verifies the legitimacy of a will and facilitates how assets are distributed upon the death of the individual who created it.
One's lack of knowledge on probate may cause delays, disputes, or even financial losses. You will need to collect all probate documents, such as the will and death certificate. Later on, beneficiaries and creditors will be notified.
According to a Torrance probate lawyer, the probate process may be unavoidable at times. A court may get involved if you or your loved one did not create an estate plan prior to your death. Court proceedings can arise when a family member disagrees with a trustee’s administration of the estate.
Having a probate will help you set your expectations so you can feel relieved while dealing with your family’s estate matters.
Signs That You May Need a Probate Lawyer
You need the intervention of a probate lawyer when you begin to doubt the legitimacy of the will and face family disputes over inheritance. A skilled probate lawyer can easily address the challenges of handling complicated assets such as businesses or real estate.
A lawyer will help you comply with intestacy laws if your loved one died without leaving a will. If you’re worried about tax impacts or claims from creditors, you can ask your lawyer to clarify your obligations and how to meet them.
The lawyer can even remind you when there are filings to do before the deadline approaches so you can make it on time.
The Role of a Probate Lawyer in the Process
Probate matters can be complicated. A lawyer will explain the legal process to you so that the implementation of the estate can be carried out based on the wishes of your deceased relative and state law.
An attorney will assist with the filing of documents, locating assets, notifying beneficiaries, handling creditor claims, and settling disputes among heirs.
They will not let you go through the legal process all by yourself. With their help, you will be able to meet deadlines and meet legal requirements. Their legal support can help you focus on grieving while they strategically deal with the probate process.
Common Challenges Faced During Probate
The probate process can sometimes lead to potential conflicts among heirs, resulting in losses and stress. Identifying estate assets accurately may pose another concern if you make a mistake since it can lead to taxes or disputes.
You will have a hard time locating wills or property titles if you are unfamiliar with probate documents. Dealing with unsettled debts left by the deceased can cause you unwarranted stress.
You can ask your lawyer to prepare you for answering questions that involve local state laws and regulations. Familiarizing yourself with them can give you the confidence to respond to any queries about your case.
How to Choose the Right Probate Lawyer
Verify probate lawyers’ credentials and review the public opinion about them. Once you have finalized your list, set appointments with a few of them to share your situation and judge how comfortable you feel while interacting with them.
Inquire about their communication style. They must keep you updated at all stages. Discuss their fees upfront to avoid any surprises in the future.
Trust your instinct and select the lawyer who can empathize with your situation. Your relationship with your lawyer will affect your case throughout the process. The right lawyer can help you focus on your healing and grieving process while honoring the memory of your loved one.
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