Wills/Probate

When a loved one passes on, disagreement and controversy can arise concerning the deceased’s property. Estate lawyers representing beneficiaries, friends and family, or designated charities in the Last Will & Testament or other documents (i.e. a Trust) should attempt to negotiate an honest, fair and prompt response to any estate dispute.

Probate attorneys can help during the entire process, and especially when:

  • the will is determined to be valid
  • the deceased’s assets are indexed
  • any pending claims, including taxes, outstanding debts, or lawsuit settlements, are paid.

After the legal proceedings are over, any assets that remain can be passed out among those named as heirs in the will.

Probate lawyers must settle far too many property disputes. Of course the issue is becoming more prevalent with the ever increasing population of retired senior citizens. Often, the experienced counsel of an estate attorney to a grieving family can be enough to solve property issues quickly and without a huge courtroom battle.

Probate attorneys must have knowledge of the probate process. If there’s a will, an executor usually handles the entire process. If not, the process is handled by the courts thanks to an appointed representative. Probate can take some time. In some cases, it takes about four months. In others, it can take several years, but the length of time depends quite a bit on the laws of the state as well as a number of other circumstances.

Probate usually happens in the county where the person died. In cases where the individual had property in a state other than where he or she died, there must be additional probate proceedings. Certain types of assets are subject to formal probate proceedings, and this is particular true if they don’t move right to a named heir in the will. These assets include:

  • bank accounts that are payable on death
  • an account that is considered “in trust for” someone who has been named
  • other kinds of trusts where the beneficiaries have been named
  • life insurance
  • retirement accounts or annuities

If the deceased has not left a will or named any beneficiaries, the courts will determine which surviving heirs are entitled to what assets.

Legal complications can come up during probate. As such, many people design plans for their estate and suggest most assets, where applicable, pass directly to their surviving heirs. To make certain your assets reach their desired destination and to make sure there aren’t any legal issues during probate, talk with a probate lawyer and come up with the right plan. If you’re currently dealing with a probate case or you think you should contest a will, it is a good idea to talk with a lawyer who is familiar with estate law in your state. So what type of probate lawyer do you need? Generally, there are two types of probate lawyers:

  • those who handle the administrative side of probates or transactional lawyers, and
  • those who represent clients in fights over who gets the estate or probate litigators.

Need more information? Call The Sanders Firm. We’re here to help.