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4 Questions to Ask Before You Hire a Probate Lawyer

For any executor, going through the probate process can be quite time-consuming and complicated. If you are in charge of carrying out the deceased’s last wishes, you can find ways to ensure that assets are accounted for, debts are settled, and the remaining property is distributed to beneficiaries. The whole process can take several months or several years. Therefore, it is better that you hire the services of a probate lawyer. Below are some of the questions you may want to ask before you hire one.

1. What is the Size of the Estate?

In each state, the definition of land size is different. For example, if the value of the real estate does not exceed $150,000, simple probate is required. The good thing about simple probate is that it saves a lot of time and money.

2. Does the Estate Have Enough Money to Cover the Debts of the Deceased?

In an ideal situation, the will has enough asset resources to cover the estate’s debts. However, this is not the case in every situation. After taking inventory of assets and other assets, there may not be enough money left over to pay the descendants’ taxes and debts. Therefore, you can get expert advice before you pay other creditors.

According to state laws, creditors are paid on a priority basis so you can get help from a probate attorney. They know better how to distribute money efficiently.

3. Is it Possible to Transfer the Deceased’s Assets Outside of Probate?

Based on family planning, it is possible to distribute assets without taking the matter to the probate court. Therefore, you can determine whether the assets are held in joint ownership or trust. Sometimes, assets are held in a charge upon the death of the owner.

Additionally, probate is not required if the assets left to the descendant are distributed based on the terms of a contract, such as a life insurance policy or retirement account. In the case of an insurance policy, the assets are transferred to the said beneficiary when the owner of the insurance policy dies.

If the assets of the descendant fall into this category, there is no need to hire the services of a probate attorney.

4. What are Family Dynamics?

The probate process can involve stress and uncertainty due to the family dynamic of the probate. In some cases, a family member may file a legal objection that makes the probate process complicated. For example, if a family member comes forward and challenges the will, you should take the matter to a court of law to resolve the issue. In this case, you should hire the services of a professional probate attorney.

Long story short, you can ask yourself these 4 questions when you are trying to determine if you should hire the services of a probate attorney. The answers to these questions will help you make this decision with confidence.

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