You may be wondering: what does a probate lawyer do for you? A probate is a legal document giving an individual the ability to hand out a deceased individual’s estate. A probate attorney aids the Executor of a Will or beneficiaries in getting through the probate process to settle the distribution of an estate.
Securing a Surety Bond
A surety bond is almost always needed to protect individuals receiving estates from making any mistakes during property distribution. Getting a surety bond can be a difficult task, especially without an attorney. If any mistakes are made during your attempt at getting one, companies will charge you a much higher premium. The executor can also be liable if they make mistakes, which could even lead to being sued.
With an attorney, you or the executor don’t need to deal with the heirs or any legal obligation that comes along with them.
If There is a Hefty Amount of Money and Assets
If there is a large amount of money and assets in an estate, it’s highly advised to work with a lawyer to make sure no mistakes are made. With certain types of assets, probate hearings may even be mandatory, and having an attorney represent you in court can make the process much easier to navigate. If there’s not enough money in the estate to pay owed or outstanding debts, then an attorney is also highly advised.
You should also consider other factors, such as the complexity of your state laws, the type of estate plan set up, if the deceased had a will or trust, how large the estate is, if there are any contentious beneficiary relationships, and how the relationships are designated. Any factors that could complicate the probate process would most likely need an attorney.
If a Will is Contested
Sometimes, wills may be contested by family members if they are unhappy with the outcome or don’t think the will is valid. If this is the case, a lot of new legal issues may be introduced, as well as disagreements or arguments within the family. An attorney can help settle legal disputes and be a neutral problem solver in a tense legal battle.
One-Off Tasks
The process of a probate proceeding can be lengthy, complex, and involves a lot of different moving parts. A probate attorney can help handle the process, including completing tasks such as:
- Getting life insurance proceeds
- Figuring out and paying inheritance taxes
- Paying any due income or estate taxes
- Identifying estate assets
- Making financial distributions
- Organizing properly appraisals
- Paying any debts or bills
- Filing court documents
- Asset Retitling
Contact Us Today
Dealing with the legal aftermath of a deceased family member can be overwhelming, especially at such a vulnerable time. Don’t skip out on professional, legal guidance from our experienced team. For a probate attorney in Rockford, IL who will make the legal proceeding experience much easier on you and your family, contact us today.
