This Article Written for Willhoite Law, PLLC
Death is inevitable to everyone in this world, and yet few people prepare for that eventuality in a legal manner. Regardless of the circumstances, the possessions and last wishes should always be documented with a will in order to avoid difficulty or problems for those left behind. Typically, if someone has a will, it will go to probate after death. Many people wonder, “What is probate?” Probate is a process that identifies the deceased person’s assets and provides for the legal transfer to the intended heirs. After someone dies, their financial matters must be properly addressed. All the actual estate property, bank accounts, jewelry, automobiles and such are all considered a part of their property. Upon the decedent’s death, their property will go into what is legally called probate.
Probate is a legal process where the property of a deceased person is administered. It is the first step in executing the last wishes that are included in the will. With probate, all claims against a deceased person’s property are settled, as well as the distribution of their assets in a way that is in accordance with the decedent’s wishes. The procedure can identify debts, value property, pay debts and taxes. It involves the filing of paperwork, public notices and court appearances by the probate lawyer.
The process of probate settles the property of the deceased person and tells how it should be equally distributed among the heirs and beneficiaries in case there is no will. The rules and regulations of probate vary from state to state and each state can have a different procedure and hearing process for probate. Some general guidance might be similar in most states but it is always advised to take help of a legal professional in case you want to understand the probate process in your area.
Moreover, you should understand that every probate case is different depending on the amount of money involved in it. The various property, debts, and people involved in it make the whole case different from one other. There is no way that the rules and results of one probate case can apply to other cases. Normally people have a viewpoint that probate can be an unpleasant scene but the fact is that it can be easy if all parties involved in it work together for a positive result and protect the memory of the deceased person.
It is very difficult and tough to endure the loss of your loved one. In this time, most of the persons are not in a good state of mind to take care of legal affairs. A probate lawyer will be very helpful on such occurrence and will look after the affairs of trusts, wills, and estates on your behalf. Probate lawyer at Willhoite Law, PLLC is qualified and knowledgeable in probate laws. They possess all the information regarding the legal procedures and provide you a relief by handling all the legal matters. These lawyers come in two categories, litigation, and transactional lawyers. The administration of a will which is uncontested and straight forward is effectively handled by a transactional lawyer. If the will is disputed in the court by the family members and if there is an anticipated litigation problem, hiring a litigator to fight for your interests in the estate will be beneficial.
Hiring the services of a probate lawyer is always advisable as most of the people are not familiar with probate law. A legal procedure involves complex paper-work that needs to be drafted and maintained. A lawyer can make such issues easy for you to handle by highlighting the details of your probate case. The lawyers at Willhoite Law, PLLC are legal professionals who specialize in settling the affairs of a deceased person. The lawyer is also referred to as an estate lawyer and is responsible for handling personal representatives throughout the probate process until everything is settled. He will take the representative through trusts, wills and estate planning among many other things. A professional lawyer will let you know about your particular situation and guide you to complete all the paperwork associated with the case. Your lawyer can also offer professional advice and counsel to make any major decisions on your behalf.
Some people have their family lawyers who can look after the probate affairs in case of an unfortunate event. However, most of the people look for the lawyers when a need arises or when they expect there will be need. An adequate probate lawyer can be searched for in a number of ways. Enquiring for referrals with people in your contact whom you trust is the best way to find a qualified lawyer for your particular situation. If you know a relative or a close friend or a business associate who can suggest reputed law firms, you will save a lot of time and effort in locating a reputed and skilled lawyer for your needs. But if you are unable to find lawyers through referrals, there are various other ways to find the lawyers you need.
Goodwill of the law firm, certification in their field, amount of experience in probate law, affiliations with legal associations, legal fees, local references, etc. are some important factors which must be considered while choosing a probate lawyer. You have to contact various lawyers personally before choosing the final one. It is important to have personal communication which will help you to establish a friendly relationship with your chosen lawyer. This will also help the lawyer to find out whether you can work with them. Finding lawyers holding qualifications you wish is not very difficult, but when you meet and communicate with them in person you may feel uncomfortable. It is preferable to select a lawyer with whom you feel easy and comfortable to communicate.
If you are unsure about the lawyer’s expertise or background, ask them to provide references with whom you can inquire about his services. This will help you in knowing the abilities and quality of the lawyer and you will feel comfortable to communicate with them. Since probate lawyers are quite busy, it is not easy to get an appointment with them. If a lawyer is too busy, it indicates that he is reputable and has a lot of clients. But on the other hand, being too busy may mean that the lawyer will not give much attention you desire. All these things are necessary to be considered while choosing a lawyer.