Reasons for needing a probate attorney

| Wednesday, April 25, 2012
By Dwight Tompkins


Losing a love one is an unfortunate event. However a lack of a will or any sort of estate planning by the deceased will make an emotional and stressful time in the life of their heirs even more stressful. Without estate planning, the heirs must now endure a long and expensive slog through the probate courts and will even need to hire an attorney to keep the proceedings fair and get the assets they deserve.

When this happens, the proper attorney can be an indispensable. Probate laws are complex and virtually no individual (other than a probate attorney) has adequate training in such an arcane and complex area.

No two estates are the same, and the valuation of each is also unique. It is in your best interest to consult with a probate attorney before you make any offers or compromises regarding the estate.

Sometimes an executor's "good intentions" can lead to big problems. For example, allowing a friend or family member to use the decedent's property or car may expose the estate to liability. Not to mention that an executor can sometimes have their own agenda.

The court charges for the administration of the estate as well. These fees can vary depending on both the total appraised value of the properties and the amount of work that will be required to carry out the probate proceeding.

All of this hassle and expense to both the probate attorney and the court can be avoided by proper estate plannig and having a will in place. If you have family or friends that are getting up there, and you don't know for sure if they have done their estate planning, advise them to get this taken care of immediately. The process will be made a lot easier for the heirs.




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