One common question that comes to mind for most people when it comes to settling their deceased loved one’s estate is – do they need reputable probate and estate planning, lawyer? People do not need one at all, but certain situations will demand a person to hire a reputable probate attorney.
When an individual is deceased, their last will and testament must be discussed to ensure that their final wishes are respected. The process can become pretty complicated; that is why it demands the need for this type of attorney. So, if a person in the middle of the process, they need to know that hiring a probate legal counsel comes with different benefits. Listed are some benefits people can get when hiring a probate attorney.
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Every lawyer can handle probate cases, but it is only the legal counsel specializing in these types of cases that can provide clients with the assistance they require. They do not negotiate personal injury cases, criminal cases, and other forms of legal proceedings with these counsels. Probate legal counsels deal with probate and trust cases only.
They have a better knowledge of the probate court process, proceedings, forms, rules, court officials, and complications that might arise from these types of cases. Since these counsels handle probate cases regularly, it means that they have seen various types of probate cases. That is why they can easily identify the main problems in their cases.
Clients do not have to pay upfront fees
When hiring a professional, people do not need to pay them a retainer fee or any other form of legal charges to get their case started. Eventually, the lawyer will get paid for their services, but after it is settled. Usually, the court will approve the legal fees, which come from the estate’s proceeds or the deceased person’s property. That is why the executor does not need to worry about money, like setting a legal counsel budget.
Probate legal counsels assist in securing and finding all the descendant’s assets. Depending on the size and the scope of the assets, they play an essential role in helping the executor or administrator to secure and find the assets linked to the estate. It can be a big challenge, especially if the dead person had a lot of real estate properties, bank accounts, or investments spread all over the country or around the world.
Other types of investments like bonds and stocks can make the process a bit complex. Not only that, if the deceased did not write a last will or testament before their death, there’s a big possibility that some people will start laying claim to their estate or to certain assets they left behind. That is why all their properties must be secured or located to make sure that there is a fair and equal distribution of their estate. Professional legal counsel specializes in handling these types of situations.
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These lawyers minimize stress on the beneficiaries
By hastening the process, shortening the time that executors need to dedicate to the case, as well as for settling any types of disputes professionally, can help minimize the stress that beneficiaries might have to experience throughout the process, especially since people’s emotions are high after their loved one’s death. Usually, people will realize that problems may arise between family members when it comes to money, real estate, and other valuable investments.
And besides, if the executor starts doing things in their own best interest without putting family members or the dead person’s heir into consideration or acting as if they can’t handle the estate properly, it can lead to interpersonal problems between heirs. That is why hiring a probate legal counsel brings a middle person or third party between the executor and the heirs. Because of this, the executor can focus on spending their valuable resources and time with the dead person’s family.
Preparation and filing of necessary court documents
The probate process involves a lot of preparation of valuable documents and court filing. Whether it is a list of real estate properties and their estimated value or a list of investments, people are expected to benefit from these assets or lists of outstanding debts that the deceased are owed to. These pieces of information are required when settling a case.
Legal counsels share these details if there are people who will challenge the dead person’s last will and testament, the executor or administrator will need an attorney to help them prepare the necessary documents and file motions opposing the other party’s challenge.
Besides, these documents that were filed in the court has a deadline. If the person fails to file a particular document within the set deadline, they risk delaying the process’s settlement – and it can drag on for years. But having a reputable probate attorney near Oakland, CA will make sure that every necessary documentation is appropriately prepared and filed in the court within its set deadline.
Paying the dead person’s unpaid bills and debts
When an individual passes away, there is a big chance that they will leave behind unpaid bills and debts. These can be credit card bills, mortgages, medical bills, or other bills. These bills and debts will need to be settled immediately. The money for these payments comes from the dead person’s assets. But since these cases take months or years before they are settled, the deceased person’s family will need to negotiate with the debtors.
Although they might be able to make these types of arrangements as beneficiaries, having reputable legal counsel do this on their behalf will make the process a lot easier. Besides, since the lawyer will negotiate the deals with the debtors, the family will have a lot of time to focus on the case and get the funds needed to help settle the bills and debts.
Professionals minimize any chance for a possible dispute
Finding a legal counsel, will ensure that the case is being handled efficiently, professionally, and quickly. In turn, it will minimize the possibility of disputes, which can be very expensive and time-consuming. If the process is managed unprofessionally, people will realize that debtors will start dipping their hands on the case, which is pretty stressful and not right at all.
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During these times, all parties will request to have a middle person or administrator to handle the negotiations. Even heirs or family members might find themselves in the middle of a costly, messy, and stressful lawsuit. But having a professional by your side will ensure all disputes are being resolved correctly and promptly, making the process less stressful and costly for the involved parties.