This Article Written for Willhoite Law, PLLC
Nobody wishes to think of their loved one’s death but death is something that’s inevitable. Death of a loved one has many impacts on his/ her family. Along with the financial and emotional stress, a family also goes through the distress of will distribution. The descendants of the deceased are supposed to get the assets, as per the will. The person, who is in charge of writing the will, appoints an executor who can handle the distribution of assets. Whether an individual leaves a will or not, the property has to undergo a particular legal process to transfer the property title from the deceased to the heirs.
Probate is a complex and long legal process; it takes several months to complete for a beginner in this area. During this legal process, the deceased person’s property is retitled out of their name and transferred to their heir. This involves the validation of heirs, determination of the remaining assets, settling disputes, if any, and the final transferring of the assets to the respective heirs. A Claremore probate lawyer can lessen the time out and make the process easy to execute.
When your loved one dies, the court’s procedure to decide whether or not the will is legitimate and how to distribute the assets can be long and drawn out. You may wish to hire a probate lawyer to assist with the process, but the fees of the lawyer may be something to make you think twice. Before you make a decision one way or the other, rest and think about the consequences of not hiring a lawyer.
There is no legal effect of not using a lawyer. There is no state or federal laws that want you to have one. So if you decide not to use one, you will not face legal consequences. But, you can be taken personally liable for mistakes you might make in the process, such as failing to send a distant family member a petition or missing a deadline. This does not cause you to go to jail or be fined, but it can greatly hinder the process and your ability to obtain your part of the estate. Sometimes, an estate is somewhat simple and the wishes of the deceased are presented in the will and not something people are likely to contest. In these situations, a probate lawyer may not be necessary. The executor may be able to manage all aspects of the case as it goes through the courts.
But sometimes many complexities can occur in the courts that you may not be aware of or be able to predict at the primary reading of the will. But without a lawyer, you will not understand how to handle these, and some of your potential estates could be lost. Sometimes, tax situations or conflicts, especially over past taxes, can create problems with the property. The wording of the will that is not clear is also a potential complication. Any time there is a dispute, and you may not be aware of a probably disgruntled relative who will step up and make a dispute, you are better off with a Claremore probate lawyer. Because you cannot predict these occurrences, you may find yourself better off hiring one before these kinds of occurrence even begin.
Many times complications in an estate can come from its debts. If the deceased person owed debts or taxes, those debts can drain some of your inheritance. Having a lawyer on your side can aid you to weed through this dilemma. If you do not have a legal assistant by your side, you could end up losing most of what you have as an inheritance. Acknowledging and understanding the laws could guard some of the inheritance. A Claremore probate lawyer is your key to knowing those laws.
You technically never require a probate lawyer in the eyes of the law, but if the estate is large and there is a chance you could lose some of your estates, then you may want to consider one. Consider your options and the amount that is at risk if you do not have one, and make an informed decision. Possibilities are you will get that the advice and service of a lawyer are crucial as you go through this long and complicated process.
It is not a legal requirement for a person who is completing the probate process to seek out legal advice. Nevertheless using a specialist probate lawyer can prove to be extremely helpful during a complicated process. As you know that probate process is time-consuming and one needs to undergo various complicated processes. However, a probate lawyer can quickly process it in less time. A Claremore probate lawyer works on those matters that related to the estate of a deceased person. They help to appoint legal guardians for the children and perform everything else such as collecting, transferring the assets from the deceased person’s name to legal heirs including relatives and other family members.
These lawyers are legal professionals who specialize in settling the affairs of a deceased person. These lawyers can make such issues easy for you to handle by highlighting the details of your probate case. The lawyer is also referred to as an estate lawyer and is responsible for handling personal representatives throughout the probate process until everything is settled.
If there is any claim against the estate such as claims for debt, they will identify those and advise the family on how best to handle the situation. In the probate case, the good lawyer notifies the heirs of the will and they also notify the legal heirs if there is no proper will. After notifying the heirs, these lawyers will make sure that all debts and taxes are cleared. In many cases, there may be additional taxes owed on the property, which the lawyer will take into consideration when making his full assessment.
Hiring a probate lawyer to protect your interests does not mean that you are in any way a selfish or stubborn person, it simply suggests that you want to ensure that your rights and entitlement are dutifully protected. You have every right to protect your best interests as well as what is rightfully yours. Having a knowledgeable Claremore probate lawyer by your side can make all the difference in how the assets are distributed in the end.