When should you talk to a Probate Lawyer?
Chandler Probate Lawyer - We are here to help you...
Have you recently lost a loved one and now are getting their affairs in order? It can be a daunting process to take care of the assets and property of someone you love. A Chandler Probate Lawyer may be able to help. When should you talk to a probate lawyer?
The process can become more complicated if there are family members not in agreement with how to proceed. You need to worry about the tax implications connected to the estate and what might happen in probate court.
Are you considering hiring a Chandler probate lawyer to guide you through the process? Read more to learn more about probate and why hiring a probate lawyer might be in your best interest.
Before deciding whether to hire an attorney, it makes sense to understand better the probate process. Probate is a series of legal proceedings to handle the deceased's property and assets if they were not already carefully designated in an estate plan.
A person acting on behalf of the estate of the deceased must file a petition with the court asking them to transfer the assets and property. The court appoints a personal representative who will act on behalf of the estate. This person is the executor, this is done by the court if the deceased didn't designate one in their will.
The process will involve looking at the will of the deceased (if one exists) and considering all assets and potential debts too. It often requires a great deal of paperwork and can have significant tax implications if decisions aren't made thoughtfully.
Role of a Probate Lawyer
So, how does a Chandler probate lawyer help with the process? The role of the probate lawyer is to guide through the process. They can advise you on how to proceed so you face minimal tax implications.
They will work closely with the court-appointed executor to sort out the affairs of the estate. The attorney can:
- Identify probate assets
- Help obtain appraisals on the deceased party’s property
- File documents required by the probate court so no deadlines are missed
- Help with the sale of any property that is part of the estate
- Distribute assets to beneficiaries of the estate
If there happens to be any family dynamics that are tricky, they can also act as an intermediary to get through the process.
When to Call a Probate Lawyer?
Some estates are less complicate. Usually there are not enough assets in place and it might not be necessary to hire a probate lawyer. So, how do you know if you should get a lawyer?
Here are some questions to consider that should help you decide if you need an attorney:
- Have disputes or conflicts arisen between named beneficiaries?
- Are you able to distribute the assets of the estate without needing to go to probate?
- Can the estate pay off any outstanding debts?
- Are you worried about tax issues?
If there is property involved, and especially if there is conflict over the property, it makes sense to hire a probate lawyer in Chandler. You may want to read our article that talks about Probate in Arizona.
Know When You Need to Call on a Probate Lawyer
It can be hard enough to lose someone you love. Navigating the probate process while you take care of their affairs can feel overwhelming.
If you are concerned about the process of probate or want to protect as many assets as possible, it might make sense to hire a probate lawyer.
If you are interested in how to avoid probate also read our article about how a Living Trust may help you to accomplish that.