The loss of a loved one is always a difficult time, and the complex legal processes that follow can add to the stress. Probate, the court-supervised process of distributing a deceased person’s estate, may seem overwhelming for those unfamiliar with it. A probate attorney can help navigate this intricate process, ensuring that the decedent’s wishes are honored and their affairs are properly managed. Here are some signs that you might need a probate attorney.
1. Absence of a Will
One clear indication that you might need a probate attorney is if the deceased did not leave a will. Without a will, the estate is considered “intestate,” which can lead to complexities as state intestacy laws dictate how the estate is distributed. This often requires interpretation and guidance from a legal expert to ensure all assets are appropriately handled and heirs receive what they are entitled to.
2. Lack of an Estate Plan
According to CNBC, 67% of Americans do not have an estate plan in place, which can cause many problems for the loved ones they leave behind. Without an estate plan, resolving matters such as debt settlements, asset distribution, and even personal wishes can become highly contentious. A probate attorney can mediate these disputes, ensuring a fair and legally sound resolution is achieved.
3. Contested Wills and Beneficiary Disputes
Another important sign is the existence of contested wills or disputes among beneficiaries. If family members or other beneficiaries disagree on the terms of the will, or claim the will is invalid, this can lead to protracted legal battles. A probate attorney specializes in resolving such disputes, helping to avoid unnecessary conflicts and ensuring the probate process proceeds smoothly and efficiently.
Probate can be a convoluted and trying process. If you find yourself dealing with intestacy, a lack of an estate plan, or contentious disputes among beneficiaries, securing a probate attorney is important. Their expertise can safeguard against mismanagement and disputes, ensuring that the deceased’s estate is handled with the care and respect it deserves. By recognizing these signs early, you can make informed decisions to protect the interests of all parties involved. Be sure to reach out to Ketlinski Law Office, PLLC today for consultation from a top probate attorney.