After a loved one passes away, settling their estate can be complex and emotional if they do not leave clear instructions behind. Probate is the legal process for distributing someone’s assets after they die according to their will or state law if no will exists. Here are some key times when it is advisable to contact and utilize a probate law firm to handle matters.
When There is Real Estate or Significant Assets
If the deceased person owned real estate like a home or other property or had assets like sizable investments or business interests, the probate process can become complicated quickly. A probate law firm has the legal expertise to appraise assets, file proper paperwork, resolve claims on assets, and handle all the complexity.
When There are Beneficiaries Spread Out Geographically
When beneficiaries entitled to inherit from the estate are located in different states or countries, having a law firm coordinate communications and paperwork can be crucial. Firms are equipped to track down beneficiaries efficiently and correspond with them appropriately to settle matters.
When Substantial Taxes are Due on the Estate
Larger estates often trigger tax liabilities at both state and federal levels. A probate law firm can minimize the tax impacts through proper filings and accounts management, potentially saving beneficiaries significant money, unlike a non-specialist handling matters.
When Wills or Trusts are Challenged
If any aspect of the will or trust left behind is contested by beneficiaries or creditors, the court and legal issues get complicated fast. An experienced probate law firm can represent the estate against any challenges and preserve the deceased’s wishes efficiently.
When Assets are Difficult to Value
Certain assets like private businesses, intellectual property, art collections, or virtual assets can be complex to accurately appraise and divide up. Probate firms have specialized knowledge on asset valuation and can correctly value them during the probate process.
When the Estate Includes Minor Children
If any beneficiaries are still minors, extra considerations are necessary to ensure their inheritance is properly managed and protected until adulthood. Probate firms understand setting up custodial accounts, trustees, etc. for minor beneficiaries appropriately.
When There are Disagreements Among Beneficiaries
Family discord over inheritance distribution is common after death. Probate firms serve as neutral legal mediators to resolve any squabbles over who gets what assets fairly according to the deceased’s instructions and the law.
When Creditors Make Claims Against the Estate
Outstanding debts like medical bills or loans must be handled carefully during probate to protect beneficiaries. Probate firms negotiate with creditors expertly to clear debts while limiting impacts on the estate’s value to heirs.
When Someone Dies Without a Will
When there is no will spelling out distribution wishes, probate gets especially complicated. Firms know how to navigate court processes to ensure assets eventually transfer properly according to state intestate laws.
Settling an estate with probate correctly requires legal expertise and objectivity. An experienced probate law firm has the knowledge and resources to handle all aspects smoothly and minimize stress for grieving families.
