Getting Help from a Probate Lawyer

A probate lawyer is an attorney specializing in probate law, and someone who works on a daily basis with the statutes that govern wills, estates and trusts.  While it’s not legally required to obtain a probate lawyer in order to ensure that a will is valid, there is more than one situation in which a probate lawyer is helpful and needed.

Why Hire a Probate Lawyer?

Because probate law can become quite complicated in certain situations, a probate attorney may need to be called in.  There are several situations where probate could get sticky, and those include but are not limited to:

• You are not the only heir to your deceased loved one and there is sure to be a battle ensuing for the claim to property or assets.
• The deceased loved one had a large amount of property or assets, or a large amount of debt or owed taxes.
• There has been no executioner of estate appointed.
• Someone in the family has decided to challenge the will and the named beneficiaries of the estate or assets.
• There has been a mistake made in the filing of probate, such as having no heirs listed when the deceased individual actually does have heirs.

In any situation where a person feels as if things may not come out fairly, it’s a wise decision to hire a probate attorney. The attorney can ensure that the appropriate laws are followed and that individuals within the case receive what is fairly theirs.

Common Scenarios Where a Probate Lawyer Is Needed

There are some common scenarios that arise, making the probate process complicated.  These scenarios call for a probate lawyer.

1. A woman’s father passed away, and her aunt was named executioner of the estate.  The woman knows that her father’s debts were nowhere near the value of his estate and property; however, her aunt seems to be selling his things off right and left.  A probate attorney can ensure that the aunt is following legal and proper protocol as the executioner.
2. A mother and father passed away, leaving three adult children.  The mother and father named no beneficiaries to their estate, and had no will.  The property will default and become the joint property of the three children, but a probate lawyer can help them settle the issue and determine what percentage each child gets and what property goes to whom.

A probate lawyer can protect the interests of his or her clients, ensuring that all goes according to law and according to the last wishes of the deceased individual.