Is it Time to Hire a Probate Lawyer

by Legal Published on: 01 December 2020 Last Updated on: 30 December 2023

Probate Lawyer

Upon the death of a parent of parents, their estate is usually divided up among the surviving children. Not every estate plan is going to require the hiring of a lawyer for its fair distribution, so long as the estate was placed in a trust by its creators. However if the deceased left behind a loosely constructed will but no trust, and therefore questions, concerns, and plenty of gray area exists, it’s usually a good idea to hire a probate lawyer to sort things out.

According to tax and law expert, Lee Meltzer, probate lawyers are specially trained to determine the overall validity of a will. It’s not only a way of legally finalizing an estate, but a probate lawyer determines the overall value of the deceased’s person’s assets and liabilities. The lawyer will even arrange for the deceased’s final taxes and bills to be paid. You read that right. Even if you’re dead, you’re still expected to pay your bills. Once that process is completed, only then will the remainder of the assets be fairly distributed to the dead person’s beneficiaries. If you want to Learn more regarding the same, make sure to keep on reading.

So then, when is it time to hire a probate lawyer?

Having conflicts over property and other assets between siblings is never a good thing. While this would be something that the parents would have never wanted, things can get ugly when there are multiple heirs to the same property and assets. In such a situation, legal experts can help with issues like sibling buyout, where one heir wants to buy out the inheritance of the other heir. This can be carried out either individually or by two heirs, buying out the property of the third heir. There is paperwork involved and working with a legal expert that has prior experience in this field is important.

If a person dies without a will and a sizeable estate is left behind for the heirs to assume the responsibility, it’s time to contact a lawyer specializing in probate cases. Almost always, the conflict between the heirs is going to result from the lack of a will and/or trust. On occasion, a family member will challenge the validity of a will or trust even if one has been created by the deceased and approved by the courts. This situation will also require the legal services of a probate lawyer. If the attorney does his or her job, the deceased’s last will and testament will become accepted as valid and not altered in any fashion.

What are the benefits of hiring a probate lawyer?

1. Avoiding Conflict

The death of a loved one, even if expected, is a highly emotional situation. If the size of the deceased’s estate is sizable, say in the millions of dollars, tensions among surviving siblings can run high, especially if there is no clear picture of who gets what. Lawyers have a favorite saying, you truly don’t know your family until you are forced to deal with an estate. A good probate lawyer will navigate the troubled waters of dividing assets in a way that pleases all the heirs, thus preventing high tension and the problems associated with it.

You need to understand that the closest of family members can turn hostile if things do not work out according to their advantage. When navigating estate planning, you might also have to deal with nsw security of payments act. Unless you are working with the best probate lawyers, you will find the same very difficult to work with. At the end of the day, you would want to avoid all possible forms of conflict, as and when they arise.

2. Estate Protection

As a way of protecting an existing will or trust from being challenged, probate lawyers will build a solid estate plan while the parent is still alive. If the plan is solid enough, no one will be able to legally challenge the will, even if they were left out of it. In this manner, the surviving beneficiaries need not be concerned with assets going to someone or some organization that doesn’t deserve them.

3. Ease of Asset Access

Grieving takes time. One of the best ways to mitigate that ongoing grief is to make sure the deceased’s assets which can include properties, cash balances, stocks and bonds, homes, automobiles, business ventures, and more, are passed on quickly and with little interference as possible. Probate litigation that begins after you have died can take months or even years to resolve, prolonging the grieving process and pitting sibling against sibling. It’s a far better idea to hire a reputable probate attorney before you die so your family doesn’t suffer unnecessary emotional turmoil once you’ve passed on.

4. Probate Lawyers Prevent Will Rejection

Probate Lawyers Prevent Will Rejection

Says Meltzer, trust plus last will and testament documents are required to be filed with the court system for estate probating to occur. The filing must be done according to the rules and regulations set forth by the courts. Naturally, failure to comply with established guidelines will result in document rejection. If you try to go through this process alone without the professional help of a probate attorney, you will find yourself drowning hopelessly in a sea of red tape. A probate lawyer will make your life a heck of a lot easier and take the pressure off having to deal with angry and disappointed siblings.

How do you find the right probate lawyer?

You wouldn’t hire a pediatrician to perform open-heart surgery. Therefore, you should not hire a general practitioner to provide you with estate probate planning. Search for a lawyer and/or a practice that boasts the proper credentials and experience. Look for years if not decades of demonstrated skill in the successful handling of both probate cases and in building rock-solid estate plans and trusts.


Ariana Smith is a blogger who loves to write about anything that is related to business and marketing, She also has interest in entrepreneurship & Digital marketing world including social media & advertising.

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