Probate is the legal process of sorting out and distributing someone’s assets after they die. It’s the process where the court steps in to ensure that a person’s wishes are followed, debts are paid, and the remaining assets are distributed to the right people.
If the person who passed away didn’t have a clear plan for their belongings, like a trust or joint ownership of property, it can make things even more complicated. If you’re unsure whether you need to look for probate lawyers or not, knowing when and why to hire one can save you a lot of stress and frustration.
Situations Where a Probate Lawyer Can Help
If any of the following situations apply to you, then you need a probate lawyer without question:
When There’s No Will
A will is a document where a person says exactly who should get their belongings after they die. But when there’s no will, there’s no clear plan, and that can lead to confusion and arguments among family members.
When someone dies without a will, the state (the government) decides who gets what, following specific rules. But those rules might not be what the person would have wanted. For example, maybe they wanted a close friend to get something special, but the state law gives everything to their family instead.
A probate lawyer can help make sure the process is done right, and that everyone gets what they’re entitled to in a fair way. If you’re dealing with this situation, hiring a probate lawyer can save you a lot of stress and prevent mistakes later on.
When There’s a Will
A will shows exactly who should get the person’s belongings. But even with a will, the probate process is still needed. This is where a probate lawyer comes in. They’ll make sure that the will is followed properly and that everything is done according to the deceased person’s wishes.
However, problems can still come up, even with a will. For example, someone might claim the will is fake, or there could be confusion about what the will means.
A probate lawyer can help sort out these issues and make sure everything is done legally and fairly.
When There’s a Disagreement Among the Heirs
When someone dies, family members sometimes argue about who should get what. This can happen even if there’s a will. Maybe one family member doesn’t think they’re getting enough or believes someone else is getting too much. These disagreements can cause a lot of stress, and if there is no lawyer to help the situation, things can get out of hand.
A probate lawyer can step in and help sort out these arguments. They can help make sure everything is divided fairly and according to the law.
The lawyer will make sure that everyone gets treated fairly, and that things don’t get messy. They’re there to help keep the process moving along and make sure everyone follows the rules.
When There Are Debts to Settle
When someone dies, their debts don’t just disappear. If they owe money, like credit card bills or mortgage payments, those debts need to be paid off before anything can be passed on to the family. This is another reason why having a probate lawyer is helpful.
A probate lawyer will help sort through the debts and make sure they’re paid off properly. This way, the family won’t be responsible for more than they should be.
The lawyer also makes sure that the estate (the things the person left behind) is handled the right way before anything is given to the family.
