There are a lot of real estate laws. Perhaps you can name and describe a few of them, especially if you are someone who has bought or sold a home over the past few years. But chances are, if you are not a real estate attorney, you do not understand the deeper nuances of the real estate laws. This is why most people hire a real estate attorney when they buy or sell property. These attorneys are the real experts! Read more on this blog about real estate attorneys and their work, but at the end of the day, remember to hire a pro.
When someone passes away, the court assigns an executor to oversee the deceased's estate. Grief and stress can overwhelm the executor, especially if they encounter complicated situations or disputes within the family. When should an executor hire a probate lawyer to help? Learn more about probate lawyer services to determine if you can benefit from them.
Will Validation
The deceased may have picked a probate lawyer to certify a will prior to transitioning. Assuming no other wills exist, the lawyer acts as a witness for the will. In some cases, the deceased leaves behind an informal will. The probate lawyer will determine whether the informal will holds legal weight or not. In the case of no will, the lawyer will explain the details of the law to the family and proceed accordingly.
Disputes
Unfortunately, not all families support each other after death if the family members disagree about how to distribute the deceased's assets or how to lay their loved one to rest. A probate lawyer can encourage negotiations. When both parties refuse to compromise, the probate lawyer can prepare their client for a lawsuit where a judge will decide. The probate lawyer will counsel the client on the likelihood of winning the case and how to best move forward.
Asset Management
When someone dies, the court requires an itemized list of assets. In some cases, the probate lawyer will inventory all assets in an organized manner and then get a legally approved estimate of the worth. The probate lawyer will pay all debts, estate maintenance, and lawyer fees after monetizing the assets and then distribute the remaining funds as per the will. If the deceased did not have life insurance, the funeral costs will also come out of the assets before distribution.
Executor Assistance
The paperwork and expenses of settling an estate often overwhelm executors. Executors may make expensive mistakes that prolong the process, costing money in lawyer fees and estate maintenance. A probate lawyer can speed things up and guide the executor properly by doing all the paperwork, answering questions, and making suggestions. The probate lawyer usually costs less than the expenses associated with going through the process without the proper knowledge.
A probate lawyer often provides a voice of reason during a hectic time. Most people don't have the knowledge and experience to approach estate management efficiently. A probate lawyer can handle the details to allow more time for the family to grieve, an invaluable service.