Managing an estate as it works its way through probate can be difficult and confusing, but it does not have to be. With assistance from an estate planning attorney, families can avoid much of the drama that comes with probate.
The Basics of Probate Law
During the probate process, the court establishes a person’s trust or will as being valid. However, probate can apply where a person is incapacitated, or where a trust is in dispute. It is the beginning of the legal process after a person’s death or incapacity, and involved parties will go to court where a judge reviews the case and settles the person’s affairs. Probate accomplishes the following goals:
* It proves that the person’s will is legitimate
* It chooses a person to gather and distribute assets and pay debts
* It resolves disputes over personal assets
* It distributes property according to state law or the person’s will
The Advantages of the Probate Process
Probate has a bad reputation in some circles because it is expensive and sometimes overwhelming. However, regulations are implemented to protect clients, and lawyers are barred from charging unreasonable fees. Below are several benefits of probate.
* It gives clients options. Here, the client has input into ensuring the distribution of assets according to the decedent’s will.
* It gives beneficiaries legal recourse. During the probate process, an heir can offer their input to ensure that the will is properly implemented.
* It offers perspective. During probate, issues are examined by multiple parties from numerous angles, which makes it likely that an agreeable solution will be found.
In most situations, probate court is an easy and quick way to finalize the details of a person’s will. Most cases are resolved within just a few months. In summary, probate court is a place clients can go when a family member dies or is incapacitated. It is a way for clients of a Probate Lawyer to resolve issues, and to prevent them from affecting executors and heirs.