Five Reasons To Hire An Attorney At The Start Of The Probate Process

Unless the deceased had his or her assets in a trust, the assets of the deceased will have to go through the probate courts. This is true whether there was will or not. In some states, there are certain exceptions for small estates, usually a maximum value for the estate. For this reason, the executor of a will, or simply the person in the family who has been given the task of fulfilling the legal aspects of an estate, should consider hiring a probate attorney from the start. The following are a few reasons for this.

There are potentially competing interests between heirs

Even if it looks like all is well between the heirs, when the funeral is over and people begin to finish their morning phase for the deceased, these competing interests will often surface and not in a complimentary fashion. It is best not to be naive that this will not happen. Although they may seemingly get along with each other now, it is better to be safe than sorry. A probate lawyer has the experience of working with heirs, acting as a diplomat as well as an attorney.

There are multiple assets that require an ownership change

If there are only a couple of assets that will need an ownership change, such as vehicles, you can probably handle this yourself. However, if there are multiple assets, this can be more difficult. This can become complex if different assets require a different procedure to change the ownership over to various individuals stated in the will.

Several assets will be sold

The best way to sell an asset depends upon its tax implications. An attorney will know the laws associated with liquidating assets to satisfy the stipulations of a will. This type of knowledge is important to maximize the return on the sale of these assets.

The paperwork may be more complex than it seems

There are a variety of forms that you must fill out, so you should know exactly which forms are required for the particular assets and liabilities of the estate. The knowledge of how to fill these forms out properly is also essential. In addition, a series of filing deadlines may also exist in your particular state's probate courts.

You're unsure how to handle final debts, including taxes

If you're concerned about paying all the deceased's final debts, even identifying all of them, then you need a probate attorney. Taxes are a standard final debt for many estates, but probate attorneys are well-versed in the procedure for satisfying the tax collector.

Attempting to go through probate court without an attorney can mean a great amount of stress that you're unnecessarily placing on your own shoulders. Not only that, but without an attorney, you will undoubtedly find yourself facing problems that you could not have foreseen. It is best to hire one at your earliest convenience.

For more information, contact a probate attorney near you.

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