Turn To A Probate Lawyer After A Loved One's Death

Blog

Coping with the death of a loved one can be difficult enough. However, dealing with the financial and legal aspects of a loved one's death may prove even more challenging. It's not necessary to go through things alone. Probate lawyers understand what you are going through and can provide you with support during this difficult time. Learn why you can turn to a probate lawyer after the death of a loved one by reading more.

Dealing with Last Will and Testament Matters

• If your loved one wrote a will, a probate lawyer can help you with it. Although formal readings of the will are not always necessary, probate lawyers can provide advice about a will and their opinions on what to do next. For example, if a will contains a provision that may not be enforceable, it's better to know about it before it's filed with the county probate court. Your probate lawyer will read the will and check it for legality.
• The will must be filed in the local county probate court in a timely manner. It should be filed in the county in which the deceased resided as that court is the only one with jurisdiction. Since the probate process can be lengthy for loved ones, filing the will as soon as possible is advisable. Your probate lawyer may also advise you that a notice will be placed in a local publication (newspaper). This notice is a call for anyone believing they are owed money by the estate to come forward and file a claim.

Helping the Personal Representative

• Wills often include a provision about the personal representative or executor. If no one is mentioned in the will, the probate court has the power to choose someone. A loved one may be chosen or a family lawyer. The probate lawyer will work alongside the personal representative as the will goes through probate.
• One of the first duties of the personal representative is to perform an inventory of the estate. The probate lawyer will assist the personal representative in ensuring that estate assets like real estate are professionally appraised. The probate court is interested in the value of the estate. However, not all assets are counted for estate purposes. Your probate lawyer will help identify and file the estate inventory.

From the first meeting, your probate lawyer will work to ensure that the probate process is as smooth and expedient as possible. Speak to a probate lawyer near you.

22 March 2023