vendredi 10 juillet 2015

What A Probate Lawyer Is And When You Would Need One

By Olive Pate


A professional who manages the filing of the last will is referred to as a probate lawyer. Sometimes the family members or loved who are left behind get into disputes regarding the property disposition. These professionals are otherwise called trust lawyers or estate lawyers.

The loss of a family member or loved one is difficult enough as it is. The importance of completing a Will would ensure that the family members do not need to go through the added emotional strain. The best thing you can do for your loved ones while you are alive is to prepare a last will and testament with the help of a probate lawyer Chalfont PA.

After a person passes away, the estate would go through a process known as estate or a probate administration. These assets of the individual are managed and then distributed. Preferably, the assets should be put in a well created and appropriately funded living trust so there would not be a need for this procedure. The successor then would have to administer the asset distribution.

Each estate has a different specific procedure, but they all go through the same basic processes. A petition has to be given to the correct probate court. Should there exist an available Will, the heirs must receive a notice each. If there is none, notice need to be given to statutory heirs.

A petition should again be done to choose the Executor or Administrator. Certain companies with high security standards would require the representatives to provide an Executor of Estate document if the client already passed away and they still need to process some claims. This happens in insurance companies due to financial issues and confidential information.

The Executor or Administrator should prepare the inventory and appraisal of assets. Then the debts needs to be paid to rightful creditors. There is also the sale of assets. If applicable, all taxes need to be paid. Once everything is done, there would be a final distribution to heirs.

If there is an objection, also known as a will contest, then he needs to have legal standing to raise an objection. This is incredibly costly to litigate but is a fairly common occurrence. This could be disputes over tangible distributions or a fight over who should be designated as the Executor.

Certain things do not need this process such as properties which you have the title of joint tenant with right of survivorship. IRA and 401K retirement accounts have their own beneficiaries and no longer have to undergo the probate process. Other things exempted are life insurance, bank accounts with Pay On Death status, and properties under a living trust.

Expenses incurred during this whole procedure can vary immensely because of certain factors such as the complexity of estate, its value, presence of a Will, or location of the real property. This could possibly last for months, but the best lawyer would do everything he can to settle things in a timely and cost efficient manner. It is absolutely helpful to prepare a last will and testament ready before time runs out.




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