subject: When To Hire A Probate Lawyer [print this page] Hiring a probate lawyer may be an essential part in the execution of the will. Because the probate process can be very elaborate and sometimes complicated, the lawyer can shed some light on the intricacies of this legal procedure. In this way the property is distributed according to the wishes of the testator and conflicts are less likely to arise.
In the first place the executor or the administrator of the will hires a lawyer to file a probate petition. Secondly, the lawyer will let all the heirs know about the will.
If there is no will, he will notify the legal heirs of the deceased about the death. They should also be told when the Court hearing takes place. To make everything legal, the lawyer should submit a notice of the death in the local newspaper. Those that were announced can contest the personal representative or the will itself. What is more, the lawyer has to make sure that all the taxes and debts are paid.
Hiring a lawyer to deal with the affairs of the probate process isn't obligatory but it may be necessary sometimes. Having a probate lawyer may help the executor not make any mistakes and finish everything on time. The lawyer's job is also to solve the conflicts that can occur within a family regarding the interpretation of the will. Hence, the probate lawyer will help the personal representative of the will to handle things gracefully and correctly.
A lawyer may not be needed if there is only one heir or if the will of the person who died is easy to sort out. Moreover, if the estate of the deceased is made up of regular assets, hiring a lawyer is not necessary. On the other hand, even if the will is not probated, the attorney can still serve to give legal advice and to handle all the paperwork.The probate lawyer has all the know-how but it is the executor that supervises his or her activity.
Settling an estate is quite complicated and time consuming. That is why, hiring a lawyer may prove to be the only right solution to avoid difficult procedures and problematic situations.
by: Christopher Smith
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