Sorting Out a Will after Death

How To Sort Out a Will

The time following a loved one’s death is difficult. Not only do you have to navigate your emotions, but you also need to sift through mountains of paperwork and legal obligations. This paperwork, which often includes a will, must be swiftly addressed. You can feel unprepared and overwhelmed if you’re unfamiliar with the process.

A trusted, well-qualified legal counsel like Heban, Murphree, and Lewandowski LLC can simplify the process, answer questions about the will, and guide you through probate.

What is Probate?

The probate process is when the deceased’s estate, or property, is handed down to beneficiaries as indicated in the will. The estate includes money, property, investments, and belongings. The beneficiaries are the individuals who inherit the estate, as shown in the will. These can be friends, family members, spouses, or even charities.

If the deceased does not have a will, the beneficiaries are the spouse or children. The estate can be distributed to the government or other unintended parties without a will. If there is a will, there also needs to be an executor.

What is an Executor?

An executor can be a family friend or a finance professional. If you are an executor, you are tasked with wrapping up the financial loose ends, filing tax returns, paying liabilities, paying off debts, and more. These debts are paid with funds from the estate, and all financial obligations must be met before any beneficiaries can receive an inheritance.

Having a professional executor is essential if the estate is complicated, the inheritance is significant, or disagreements are expected between beneficiaries or outside parties.

How Does Probate Begin?

The probate process starts when the assigned executor delivers the will to the probate court. The court oversees the process, which can take up to a year. The goal of probate is to ensure, through the legal process, that the will is valid, assets are appraised, debts and taxes are paid, and beneficiaries receive their share of inheritance as indicated by the will.

A will can also be contested during the probate process.

What is a Contested Will?

If a will is being contested, that means that one of the beneficiaries (or someone named on a previous version of the will or who thinks they should be on the will) is challenging the will’s validity. The will can be contested for a few reasons:

1. The Testator’s Mental State is in Question

The testators (or individuals who wrote the will) need to have the mental capacity to understand the ramifications of every detail when it is written. If there is a lack of testamentary capacity, the will may be invalid. This can also lead to undue influence. A caretaker or family member can manipulate the will or the testator to fit their needs or reduce the inheritance of another beneficiary. If this occurs, the will is not valid.

2. The Will Has Been Forged

A fraudulent will has been signed by someone other than the testator intending to defraud. A professional can review a signature to ensure it is valid by inspecting and comparing previous signatures.

3. The Will Was Created Without Professional Assistance

Writing a will is not a do-it-yourself project. The testator may inadvertently break the law by failing to meet requirements. For example, a will requires two witnesses to be present to witness the signing (and any modifications to) of the will. Without this knowledge, one can easily create an invalid will.

Tips for Probate

You must make sure the probate process goes smoothly to ensure a prompt inheritance. Here’s how to do so:

1. Ensure Creditors, Beneficiaries, and Heirs are Notified of Probate: A notification may be a published obituary in a local paper or direct contact via mail. Laws regarding valid notification vary from state to state.
2. Create an Inventory of the Deceased’s Possessions: This ensures everything is accounted for, all taxes are paid, and nothing goes missing during the process.
3. Continue to Pay Bills: By failing to keep up with utility bills, mortgages, and other liabilities, you may be on the hook. Keep thorough records, mainly if you use personal funds to pay these debts. Liabilities like taxes and medical bills are considered final and paid at the probate process’s end.
4. Distribute Assets After Debts are Paid: An executor should not make distributions until after debts are paid and the time for creditors to make claims has passed.

Need Legal Help?

Whether managing complex estate matters, acting as an executor, or dealing with contested wills, having knowledgeable legal support is essential. At Heban, Murphree, and Lewandowski LLC, our experienced probate attorneys are here to guide you through every step, ensuring the process is as smooth and stress-free as possible.

Contact us to schedule a consultation and take the first step toward resolving your probate concerns with confidence and clarity.