How A Probate Law Attorney Ensures A Deceased Estate Is Distributed Fairly
After a property owner's death, their estate may have to be distributed to heirs. This process should be fair to ensure everyone gets what they deserve. But for this to happen, you may need to go through probate so the court can execute the testament according to the deceased's wishes. During this process, it's vital to work with a legal professional to make the distribution process smooth. Probate law attorneys understand all the procedures an executor should follow when transferring assets and can advise you on the right thing to do. Keep reading to learn how they'll ensure the estate is divided appropriately.
Establishing the Validity of a Testament
If an estate owner left a testament before dying, it should be filed with the court to initiate probate proceedings. Some things that the courts look at when distributing the assets are the validity of the testament, estate size, whether there's an executor, and what state laws say about division. A lawyer can assist with this process to minimize delays. They'll find out if your family has an executor. If it doesn't, they'll help you select one who's trustworthy and explain to them what they need to do to ensure a seamless transfer. If there are any disputes in the will, these attorneys can solve them through various methods such as negotiations and litigation. They'll also ensure that only the individuals whose names are contained in the testament receive the estate and prevent fraudulent individuals from inheriting the property.
Paying Debt
Before the estate is divided among the beneficiaries, all its outstanding debts should be cleared to save the heirs from legal battles. However, the credit documents should be validated, and the bills approved before this process is completed. If a creditor submits arrears and requests for payments without proper documentation showing how much is owed, their claim can be challenged. A lawyer can represent your family if it has a dispute with creditors. They'll make sure any debt without proper documentation is thrown out, and the outstanding arrears are cleared beforehand.
Assessing the Estate's Value
It's vital to establish the value of assets before division to help the executor to make prudent decisions regarding debt payments and distribution of assets to beneficiaries. A lawyer can work with appraisers to determine your property's worth. If some assets like homes and cars can't be divided equally, they may recommend liquifying them to make the division process easier and minimize disputes.
Transferring assets isn't easy, which is why it requires proper guidance. A probate law attorney can guide you through all the legal procedures to ensure the deceased desires are met, and every beneficiary receives what's rightfully theirs.