What A Probate Lawyer Is And When You Would Need One

By Olive Pate


The type of lawyer which specializes in filing the last will of a deceased person is called a probate lawyer. There are sometimes unavoidable disputes that occur while there is disposition of properties. These lawyers are also known as estate lawyers or trust lawyers.

Losing a loved one is already big enough of an ordeal. The significance of having a Will would insure the family does not get any additional stress. The best thing that one can give to your loved ones as someday you would need to pass on and leave them behind is to secure the needed paperwork with the assistance of a probate lawyer Chalfont PA.

When an individual passes away, his estate goes through a process managed in a court called a probate or estate administration. This is where the assets of the deceased are managed and distributed. If the assets of the deceased were put through a well drafted and properly funded living trust, then there is no need for this process. The successor would need to administer the distribution of the assets.

There is a unique process for every estate, but it usually involves eight steps. Initially there is a filing of a petition with the appropriate probate court. If there is a will, then a notice should be given to the heirs specified, or to statutory heirs if there is no will.

To choose an Executor or Administrator, a petition is required to be done. Companies who have really tough security standards would need representatives to give an Executor of Estate documentation if they still have to process certain accounts of the deceased individual. This is especially done in insurance companies if claims are to be filed.

An Executor or Administrator would then file the inventory and also the appraisal of assets. The debt also has to be paid to its rightful creditors. They also process the sale of assets. If ever applicable, its tax should also be paid. Finally, there would be the distribution of assets to the heirs.

Should there be an objection, they need to have the legal grounds to be able to object. It is very expensive to litigate and yet it is quite a common happening. They could be quarreling due to tangible distributions or who ought to be the Executor.

Certain things do not need this process such as properties which you have the title of joint tenant with right of survivorship. IRA and 401K retirement accounts have their own beneficiaries and no longer have to undergo the probate process. Other things exempted are life insurance, bank accounts with Pay On Death status, and properties under a living trust.

The expenses incurred during the probate process can vary significantly depending on several factors like the value and complexity of the assets, the existence of a Will, and the location of real property. This can take months or years to settle, but an experience lawyer knows everything that needs to done in a timely manner. It would be crucial to have a last will and testament before passing so your loved ones would be secure.




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