How A Probate Lawyer Can Help You And Your Family

By Olive Pate


The type of lawyer which specializes in filing the last will of a deceased person is called a probate lawyer. There are sometimes unavoidable disputes that occur while there is disposition of properties. These lawyers are also known as estate lawyers or trust lawyers.

The loss of a family member or loved one is difficult enough as it is. The importance of completing a Will would ensure that the family members do not need to go through the added emotional strain. The best thing you can do for your loved ones while you are alive is to prepare a last will and testament with the help of a probate lawyer Chalfont PA.

When an individual passes away, his estate goes through a process managed in a court called a probate or estate administration. This is where the assets of the deceased are managed and distributed. If the assets of the deceased were put through a well drafted and properly funded living trust, then there is no need for this process. The successor would need to administer the distribution of the assets.

There is a different process for each estate, however it usually goes through the same processes. Petition needs to be filed with the right probate court. If a will exists, then the specified heirs should receive a notice, or to statutory heirs when no Will is available.

To choose an Executor or Administrator, a petition is required to be done. Companies who have really tough security standards would need representatives to give an Executor of Estate documentation if they still have to process certain accounts of the deceased individual. This is especially done in insurance companies if claims are to be filed.

The Executor or Administrator should prepare the inventory and appraisal of assets. Then the debts needs to be paid to rightful creditors. There is also the sale of assets. If applicable, all taxes need to be paid. Once everything is done, there would be a final distribution to heirs.

Should there be an objection, they need to have the legal grounds to be able to object. It is very expensive to litigate and yet it is quite a common happening. They could be quarreling due to tangible distributions or who ought to be the Executor.

There are those that do not go through this process like the property in which you are called a joint tenant with right of survivorship. Retirement accounts like IRA and 401K have designated beneficiaries do not need to go through this. Other things exempted from this process include life insurance policies, bank accounts with POD or Pay On Death designations, and property owned by a living trust.

The expenses incurred during the probate process can vary significantly depending on several factors like the value and complexity of the assets, the existence of a Will, and the location of real property. This can take months or years to settle, but an experience lawyer knows everything that needs to done in a timely manner. It would be crucial to have a last will and testament before passing so your loved ones would be secure.




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