When Do I Need a Probate Attorney?

If you’re looking to learn more about probate court and probate attorneys, we’ve got you covered. Probate court can be a lengthy and difficult process complete with complex terminologies and legal intricacies. As a result, you’re likely looking for a probate attorney to help navigate you through the process. Does your situation require the services of a trusted team of experienced probate experts? Let’s find out.

How Can a Probate Attorney Help?
To determine whether or not a will is accurate and can stand up in the court of law, a probate attorney will complete a process known as “probating an estate.” During this process, the court will verify whether or not a will is valid.

Probating an estate without experience is like trying to write a will on a tissue. Dealing with the court process, legal documentation, and probate responsibilities without prior knowledge will result in extra stress for surviving loved ones and may result in legal action, incurred debts, and family conflict.

What Circumstances Require a Probate Attorney?

1. When You Want to Quickly Access the Estate

Without a probate attorney who has been through the process, you may not see the end of an estate probate for years.  If you want faster access to investments, property, and assets, a probate lawyer isn’t a luxury, it’s a necessity.

2. To Avoid Debt

Unfortunately, the burden of debt can follow us even after death. These financial obligations can compound in complexity, and the time it takes to unravel them under financial pressure can seem never-ending. Luckily, an experienced probate attorney from HML can help you determine if debts are valid and if they can be paid from the estate.

Debts like funeral expenses, personal loans, and income tax are required in even the least-complex circumstances. There is also the risk that you might mistakenly overpay or underpay a debt. Something as simple as using the wrong form to pay a debt can result in delays or increased expenses. A probate attorney can help you tell creditors that the debtor has passed away and avoid any collections harassment.

3. To Reduce Stress on the Family

In the face of adversity and grief, family conflict often arises. This is especially true when the stressors of the probate process are at the forefront of the conversation. When an entire family is involved in the process, probate becomes convoluted and more difficult. On the other hand, some family members may think you’re hiding something if you elect to tackle the process without your family or an attorney.

A probate lawyer can help avoid disagreements by answering questions and shedding light on potential conflict. A central figure can reduce tensions for everyone involved while ensuring that your family’s best interests are met.

4. Avoid Claims Against the Estate

Conflicts and disputes among heirs often arise during probate. If a family member is left out of the will, they may think it should be deemed invalid. Beneficiaries can also claim that the estate isn’t being distributed properly and one party is receiving more than intended. In either of these cases, a probate attorney can prevent and cast out claims.

These situations often lead to expensive and time-consuming lawsuits that rip families apart. An attorney can help you keep everything above-board and clear confusion for everyone involved.

5. Avoid Court Rejection

To begin the estate probating process, there are a handful of documents that need to be filed with the court. The court is very particular in how these forms are handled, and improper completion will result in a rejection by the court that can cost time and money. An experienced probate attorney in Toledo can ensure that each document is filled to exact standards so you don’t have to keep repeating the same process for months.

6. Move the Process Along

Some third parties that have excessive red-tape can deny you critical information when you need it. This can include banks, creditors, or government agencies. A lawyer knows the most efficient avenues to pursue to get the information they need without delay.

Do You Require a Probate Attorney?
If any of the above apply to you, it’s imperative that you hire a trusted probate attorney to assist with the probating process. If you want to keep yourself out of court and keep your family from unnecessary struggle and conflict, a probate attorney is the right choice. Do you have questions about the process? A probate attorney’s answers will keep you out of court, save you money, and help you avoid liability.