Hiring A Probate Attorney To Help You Navigate The System
Probate is a little hard to understand for some people. Often people see the probate process as a bad thing, but if you know the process, it can be just the opposite. Getting help navigating the system can make the probate process much easier to get through.
What is Probate?
Many people ask this question because probate has a bad rap, but if the process is handled correctly, it is a good thing. Probate is the process of validating the will of the deceased and ensuring that the debts are paid as well as awarding property or possessions to the parties that the decedent wanted them to go to. The court is involved to ensure the process remains fair and if there is no will, the court will intervene to determine who has a claim on the property.
Finding the Right Lawyer
When you need a lawyer to help get you through the probate process, you need to find one that has experience working with the probate court. While other lawyers may be able to help, the system is such that you need someone that knows it inside and out. Probate attorneys spend every day working on cases just like yours, so they know what needs to happen and when. Take the time to interview a couple of lawyers and find one you are comfortable with before you hire one to assist you in your probate case.
Paperwork, Motions, and the Red Tape
Often you hear that probate is a long, drawn-out process with a lot of red tape that makes it hard to get through. The probate steps are designed to protect you and establish the validity of the will of the deceased to ensure that property is appropriately distributed. The process can be long, but a good probate attorney will take care of all the administrative paperwork for you, file motions if you want to challenge the will, and make that red tape disappear for you.
Challenging the Will
If you feel that something in the will is not right, your lawyer can ask the judge to modify the will and change what is awarded and who it is awarded to. Often the executor of the estate will feel that something needs modification because of a conversation or their relationship with the deceased. If they know that the will was going to be, but the decedent never got the opportunity before they passed away, they can relay that information through their attorney and try to get the court to make the changes.
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