When a loved one dies, it can be a challenging and emotive time. There will be people to notify, a funeral to organize, and the practical allocation of the deceased’s home and possessions. Even if a will has been drawn up in advance, the process of settling the person’s estate can often be complicated, time-consuming, and emotionally draining.
It may be that you have recently lost someone close, and are responsible for sorting everything out. A probate attorney can guide you through this process and ensure that everything is done in accordance with your loved one’s wishes. In this article, we will discuss 6 good reasons why hiring a probate attorney may be the best course of action for you.
1. They’re Experts In The Field
Probate attorneys are trained to provide specialist guidance and advice for people who have recently lost a dear one. Families that hire them can be confident that they will receive the necessary support and guidance at all times.
Considering Manhattan is an area of only 23 square miles, it’s amazing that the population is around 1.63 million. People who want a probate lawyer in Manhattan are able to go online and schedule a free consultation and case review. They can learn from specialist websites what probate actually is, how the process works and what are the executors’ duties.
2. They Can Help With The Will
A will provides instructions on how you would like your estate distributed after death and sets out guidelines for who will take care of any minor children until they reach adulthood. If none exists, the probate process typically becomes more complicated. This can result in family conflicts or legal disputes that are detrimental to both parties involved.
A probate attorney can help with every legal aspect including filing tax returns, paying debts, and managing property distribution. By using their experience and knowledge, they can help ensure that everything goes smoothly.
3. They Can Help With Trusts And Estate Taxes
A trust is a legal arrangement where an individual or entity (called the trustee) holds assets on behalf of another person. The beneficiary cannot access these assets until they are granted permission by the trustee. In many cases trusts can help avoid delays and additional fees associated with estate tax laws.
When someone passes away and a will is in place, the estate can be distributed to the heirs before taxes are paid. If someone dies without a will their property goes through the full probate process. This means all taxes must be paid upfront when the assets are distributed.
4. They Can Be Your Advocate
People say that ‘where there’s a will, there are relatives and this can sadly add pain to people who are already grieving for a lost one. When it’s time for the distribution of assets there may be conflicts between family members or disputes over values which can become costly and complicated.
A probate attorney can take this responsibility off you by striving for an amicable outcome that is beneficial to all parties involved. They will also ensure that no one takes advantage of another person’s vulnerability during this difficult time. Your attorney can also be the point of contact with other institutions on your behalf.
5. They Can Reduce Your Stress
You may need a probate attorney if there is a will but it doesn’t specify who should be executor. Alternatively, a person may be named as an executor but be unable to serve because they’re incapacitated – or be unwilling to do so. If you are a grieving party who is also busy with family and work responsibilities, it will be a huge relief to have this matter resolved by a legal professional.
Probates often take a long time to complete. The legal process often involves multiple parties or beneficiaries who need to be notified when decisions are made by an executor or trustee. Once again your lawyer can do these things for you.
6. They Can Navigate The Court System
If an individual dies intestate (without a will), the court determines who receives their property by following state laws governing inheritance rights. You may be eligible for compensation from court-approved claims against the estate if there was any wrongdoing by anyone involved with your loved one’s death.
If you hand everything over to a probate attorney right from the start, they can become the contact point, decision-maker, and the one who completes the process. In turn, you will be able to focus on rebuilding your life after the loss of your loved one.