Probate is the administration of a deceased person’s estate, which includes gathering and inventorying their assets, paying off debts, filing tax returns, and distributing the remaining assets to heirs. Probate can be an expensive process complicated by state laws and regulations that vary widely from one state to another. Probate attorneys are experts on all aspects of probate law and can guide you through every step of this process with confidence that everything will be handled properly. Some of the situations that require a probate attorney include:
1. Multiple People Are Fighting Over the Same Property.
You’ve likely put your property into a trust if you have a will. This means that your property will be distributed to someone or some organization depending on the terms of your trust. If there isn’t a valid will, state laws determine who gets what and how much they receive. In other words, it can get complicated quickly when multiple people fight over the same property.
A probate attorney can help by ensuring everyone gets what they’re entitled to under their trustee duties or according to state law if no valid will exists. No living relatives are entitled to inherit assets under intestate succession laws. They’ll also ensure that everything is handled well so that assets pass smoothly from one person’s hands into another without legal challenges from those seeking inheritance rights from someone else in the family tree.
If such an occurrence is in Orlando, it’s important to talk with a probate attorney in Orlando. A local probate attorney can help you navigate the court system and ensure that your family members get what they deserve under the law.
2. There’s a Burden of Debt on the Estate.
You’ll need a probate lawyer if there’s a debt burden on the estate. A burden of debt is an obligation that can’t be paid off before any other debts. It may be payable immediately or in the future, but it must be paid if certain conditions are met.
If there’s a debt burden on your deceased relative’s estate and you’re not sure what it is or how to pay it off, then you’ll probably need the help of a probate attorney so that they can take care of this for you.
3. Your Loved One Died With No Will.
The state will decide who gets your property if your loved one dies with no will. Typically, the estate will be distributed according to intestacy laws. In some states and counties, you may have more options than others; however, even if you live in a state or county with greater flexibility when it comes to choosing your heirs or spouse’s caretaker, it is still best practice to create a legal document outlining your wishes for how your assets should be distributed after death. Additionally, an unprobed estate can still face probate proceedings if other people need access to the deceased’s financial accounts.
4. The Person Who Died Wasn’t Competent When They Signed Their Will.
A person who is not mentally competent may sign a will that leaves their property to someone other than their rightful heir. In these circumstances, a probate attorney can petition the court to determine whether or not the deceased person was competent when they signed their will. If they were not competent, your lawyer can get the document thrown out and help you avoid litigation over who should inherit your assets.
5. The Estate Needs to Sell Real Estate That’s Held in the Trust.
The sale of real estate is often necessary to pay creditors, taxes, and beneficiaries. Real estate can be sold at any time after probate is initiated. If the trust owns only one property that needs to be sold and there are no other assets in the estate, then it may make sense for the trustee to sell that one property outright. However, suppose your loved one’s trust owns several properties or significant assets. In that case, it is recommended to consult with an experienced probate lawyer before deciding what should happen with those properties during probate.
Conclusion
Probate is a complicated process that can be hard to navigate. While there are many things you can do yourself, it’s important to know when it’s time to hire an attorney who has experience handling these matters.
