why to hire probate attorney

Why do I need a probate lawyer?

Apr 10, 2018 · Keep the Family from Conflict. Hiring a probate attorney is a great way to prevent needless family conflict. Without a lawyer, many family members may want to be a part of the probate process, which adds to the conflict and confusion. If you don’t allow them to participate, they might feel like you’re hiding something.

Do Probate lawyers get paid by the person who hires them?

Feb 18, 2021 · Reasons You Should Hire an Experienced Probate Attorney. 1. An experienced probate lawyer knows each step of the process and has systems in place to keep your case moving in an expeditious manner. We file all of the required pleadings with the court and ensure that creditors of the estate receive a timely notice to file their claims.

What happens if you don’t have a probate lawyer?

Many executors that we’ve worked with say the main reason to hire a probate lawyer is simply for peace of mind. Taking this on alone is tough. A lawyer will remove a lot of that burden and ensure you’re protected from personal liability. 8. Save Money. Hiring a probate lawyer, of course, comes with extra costs.

Why should I hire a lawyer?

Hiring a probate attorney, however, will help you skip the courtrooms entirely, as an attorney can handle all those affairs on your behalf. A probate attorney advises and assists the executor of an estate with the following: Locating all of the deceased person’s assets including probate and non-probate assets.

What is probate lawyer?

1. An experienced probate lawyer knows each step of the process and has systems in place to keep your case moving in an expeditious manner. We file all of the required pleadings with the court and ensure that creditors of the estate receive a timely notice to file their claims. In fact, we assist you with every step of the probate process, making sure it is handled correctly and protecting you from personal liability.

What does it mean when you are named in a deceased will?

In some cases, we are named in the deceased’s will as the executor of the estate. This means that we are paid a fee out of the estate to handle all tasks related to the probate of the will.

You Need an Experienced Probate Professional

Probate is a tedious court process that requires submitting documents, filing notices, and informing various government agencies of scheduled hearings. There may also be moments where a probate judge or a court representative will ask to review documents, which will leave you scurrying to and from the courts without much notice or time.

Difficulties within the Probate court

Some estates can present a straightforward probate process where clear instructions, copies of the forms, and anything else you might need, come in a neat bow. However, for other estates where complications both big and small arise, having an experienced probate attorney on the job will be indispensable.

How Elder Law Services of California Can Help

A probate attorney will also help you take possession of the deceased person’s property and provide expert advice regarding estate management. Assets such as bank accounts, securities accounts, deeds to real estate properties, jewelry and other assets will need to be inventoried and appraisement during the probate process.

How to Work with a Probate Attorney

Hiring a probate attorney will only provide you with the peace of mind that your family’s affairs are being handled in the proper and most efficient manner possible. If you are searching for a probate attorney, give us a call at Elder Law Services of California to talk with one of our expert lawyers.

What do probate attorneys do?

An attorney can oversee this process to ensure that all creditors are paid, tax returns are filed and submitted, and all taxes due are paid on time. Unfiled taxes incur penalties and fines that will have to be paid by the estate or the beneficiaries. Since few executors are comfortable handling creditors and state/federal estate taxes, a probate attorney can help avoid any mistakes that may put the family in a precarious position in the future.

Why do family members argue during probate?

It is common for family members to argue amongst themselves during the probate process—differences of opinion, conflicts of interest, or greed. The executor often finds themselves caught up in the drama, with very little direction about how to resolve the issues without stepping on anyone’s toes. Family may also accuse the executor of incompetence or mismanagement. This is why hiring a probate attorney becomes important for some estates. A probate attorney is experienced in resolving conflicts among family members and between family members and the executor.

What happens if a probate is filed incorrectly?

The probate process involves a lot of document filing and formalities. If these documents are filed inaccurately by the executor, they will be rejected by the court. This slows down probate more than almost anything else we have seen. When you have an experienced probate lawyer working with you, they will help you file documents properly, so the process progresses smoothly.

Can a family member file a lawsuit for probate?

If a family member, beneficiary, or creditor objects to anything during the probate process, they can file a lawsuit. In addition to the standard cost and time of probate, lawsuits add to the cost and can drag on for months. When loved ones are suing each other, relationships can be destroyed. Having an attorney represent you in handling the probate process will greatly decrease the chances of lawsuits being filed.

What does a probate lawyer do?

A lawyer that regularly practices in probate court knows how to properly organize inventories, accounting sheets, and other probate court forms. Because of this, they speed up the process and reduce the confusion associated with not knowing what goes where. Even if you’re not the best record keeper, a probate lawyer will help you with figuring out the best way to preserve information that is needed for the probate process.

What happens if you don't know probate laws?

States write probate laws in a dense and difficult to understand language. If you do not know what these laws mean, and more importantly what courts have interpreted these laws to mean, you may be distributing property incorrectly. Sometimes will language is straightforward. Other times, you need additional layers of knowledge if someone passes away without a will or a surviving spouse elects to take against a will. A lawyer helps protect you. He will help you ensure that you protect the legal rights afforded to everyone under Ohio law.

What happens if an estate names you fiduciary?

If an estate names you fiduciary, you have a duty to act in the best interest of the estate. In this regard, you must act competently, expeditiously, and properly in performing this duty. If you fail in your duty, you may personally be liable for any damages you cause. With this in mind, having an attorney can ensure that you act properly. If you wouldn’t consider representing yourself in a lawsuit, you also should not consider going at it alone in probate court when administering an estate.