The grief is strong when a loved one passes away. The feelings of misery, helplessness, and longing make it difficult to think of anything at the moment. However, these are the times when the topic of will comes up, and most people associate it with negative emotions.
Even though you want to forget everything, legal matters must be dealt with immediately to avoid difficulties in the future.
It is where the process of probate begins. The most common assumption about probate is that it is an unnecessary or a bad thing. This assumption is made by ruling out essential factors that may arise during the death of someone and make legal intervention critical.
Probate is a legal process after a person’s death. A legal court establishes the credibility of a person’s will, run inventory on their property, handle debts and payments that are owed, and then distribute the rest of the assets.
Like there are two sides to a coin, there are both advantages and disadvantages to this process. However, the process of probate becomes easier if you have the services of a qualified probate attorney. In this blog, we have outlined the benefits of hiring a probate attorney:
Handling Disagreements over Will
Time and again, we have seen how people criticize a will upon someone’s demise. It sounds wrong and feels like a violation of the departed person’s decision, but handling disagreements over a will should be best left to an attorney.
Not everyone named in that document will agree with its contents and will have reservations. For example, if a man has passed away, his divorced wife or children may think that the terms are not favorable for them.
As a grieving family member, the last thing you need is to hear these disagreements over the will. Probate attorneys are highly skilled in dealing with all parties in the most professional manner. The attorney will also represent you in the court and make sure that all terms of the will are acted out.
Altering the Will
If a nominated person wishes to pass the money to their children/relatives, the document will have to be altered. It is a very complicated and drawn out procedure that can tire you out both mentally and physically. Altering parts of the will also give open room to further disagreements.
When discussing parts of the will for alteration, it is normal to want to uphold the decision of your loved one. Once again, this is a sensitive and emotional time that can lead to bottled up feelings. The best solution is to team up with an impartial third party that does what’s needed and resolves the conflict.
Lastly, when you hear about the tax implication of something left to you, you may also want to alter the terms of a will. Having someone you trust makes everything easy and also saves you from making the wrong decision.
Determining the Heirship
If your relative or loved one dies without a will, it can cause a plethora of complications. The process begins with the distribution of assets among spouses and children. If the property is not personal or community-held, the terms will be modified.
Different states have different laws to deal with the situation when the deceased person has made no will. So, if you hire a probate specialists Dallas, they will have to follow different laws as compared to the probate specialists in Denver.
Any person who wishes to inherit the estate of a deceased person can stand up and contest the will. People contest a will due to several reasons. For example, improper execution, incapable testator, fraud, or wrongful influence can be reasons that compel people to contest a will.
You can contest a will for up to two years after it is admitted to probate. There are some exceptions to this term as well, which your probate attorney can explain to you in detail.
The estate tax is a big issue for families dealing with the will. If you do not get the right advice, you cannot imagine how much tax piles up for you and the family. Probate attorneys are well versed in this domain and will measure all the pros and cons before suggesting the best way out.
If you know a financial advisor, you must bring them into the discussion and decide on a future strategy. Even if you don’t want to keep the property left to you due to the high amount of taxation, a probate lawyer will help you in transferring ownership of the property.
When dealing with a will, your best course of action should be to consult with a probate attorney. They will deal with the legal matters so that you are at peace during and after the passing of your loved one.