Probate law can be a complicated and confusing area, especially if you don’t have any formal legal knowledge or experience. It is a legal process that is used to distribute the assets of a deceased person’s estate to their heirs and beneficiaries. Probate can involve a variety of legal issues, such as disputes over the validity of a will, the appointment of an executor, and the payment of estate taxes. If you are facing any of these issues, you may want to consider hiring a probate lawyer to help you navigate the legal process. In this blog, we will answer some common questions about probate law and lawyers.
What is probate law?
Probate law is the legal process that determines how to distribute a deceased’s personal assets to their beneficiaries. The process typically involves filing a petition with the court, appointing an executor or administrator, identifying and valuing the deceased person’s assets, paying any debts and taxes owed by the estate, and distributing the remaining assets to the beneficiaries.
When is probate necessary?
Probate is typically necessary when a person dies with assets in their name alone that do not have a designated beneficiary or joint owner. Assets can include bank accounts, real estate, investments, and more. If the deceased person had a will, the probate process will be used to distribute the assets according to the terms of the will. If there is no will, the probate court will distribute the assets according to state law.
What is a probate lawyer?
A probate lawyer specializes in handling probate cases. They can help clients navigate the legal process of probate, including filing the necessary paperwork, representing clients in court, and advising clients on their legal rights and obligations. Probate lawyers can also assist clients with estate planning, which involves creating a plan for the distribution of their assets after they pass away.
When should I hire a probate lawyer?
You may want to hire a probate lawyer if you are the executor or administrator of an estate and need help navigating the legal process. You may also want to hire a probate lawyer if you are a beneficiary or heir to an estate and have concerns about the distribution of assets or the validity of a will. Additionally, if you are interested in estate planning, a probate lawyer can help you create a plan that meets your needs and ensures that your assets are distributed according to your wishes.
How do I choose a probate lawyer?
Before choosing a probate lawyer, the first thing you want to consider is whether or not the lawyer you’re hiring has enough experience handling probate cases. You may also want to look for a lawyer who is knowledgeable about estate planning and can help you create a plan that meets your needs. Additionally, it is important to choose a lawyer who you feel comfortable working with and who you trust to handle your case with care and attention.
Probate law can be complex and confusing, but with the help of a probate lawyer, you can navigate the legal process and ensure that your rights are protected. A probate lawyer can help you and your family handle the process, something our friends at Theus Law Offices understand firsthand.