When a loved one passes away and you are named the executor of their estate, or have any other interest in the estate, legal support is usually helpful, but not always necessary. Sometimes, an estate with a clear will, enough funds to discharge debts, and undisputed heirs can be executed without hiring an Abilene probate attorney.
However, there are times when the support of a legal professional is unquestionably useful. Thanks to the complexity of the process, having someone to provide legal insight and support can help you to avoid mistakes or disputes that could delay the probate process. Here are just a few situations that require the help of an Abilene probate attorney.
Consider hiring an Abilene probate attorney when there are disputes over the estate.
Ideally, every will would be undisputed and crystal clear about who receives what portion of the estate. And hopefully, all family members would get along throughout the probate process. Unfortunately, however, arguments over wills and estates are common. Sometimes, the validity of a will is questioned or lawsuits are brought over an inheritance.
If you find yourself involved in a dispute over an estate, or find it necessary to fight for your rightful inheritance, you will need an experienced and local lawyer to assist you. An Abilene probate attorney can help to resolve any disputes quickly, defend your interests in court, and fight for the efficient and appropriate execution of the estate.
Consider hiring an Abilene probate attorney if you lack legal or financial knowledge.
The probate process requires a certain level of legal and financial knowledge. For example, creditors only have a certain period of time to submit claims for payment of debts before assets are distributed to heirs. Unknowingly distributing assets early might mean needing to come up with money to pay creditors later. Waiting too long for creditors to make their claims may unnecessarily delay the discharge of the estate.
In addition, executors may find themselves dealing with assets with which they have no experience (such as certain types of property or retirement accounts), situations with which they may be unfamiliar, (such as tenants in a rental building they wish to sell, or jointly owned assets), and more. Complications such as businesses or trusts that are part of the estate may also leave executors unsure how to proceed.
In situations where the executor lacks legal or financial knowledge, the help of an Abilene probate attorney might be invaluable. This professional will understand and be able to guide you through any situation that may arise during probate, ensuring that you follow all laws, avoid delays, and meet all legal and financial obligations.
Consider hiring an Abilene probate attorney if the estate is unable to pay debts.
Usually, during probate, the assets from the estate are used to pay off any outstanding debts. Then, the remaining assets are distributed to the heirs. However, in some situations, the estate’s assets are too small to pay off all of the debts. In this situation, you may need the help of an Abilene probate attorney.
The Abilene probate attorney will make debt repayment easier in this situation by guiding you toward the creditors who legally earn priority for debt repayment so that you can be sure you are following the law and discharging debts in the correct order. Your attorney can also assist you in dealing with any creditors who are unhappy about missing out on their debt repayment.
Consider hiring an Abilene probate attorney if you have any questions about probate.
An estate can be discharged in probate without a probate attorney. However, you may find that you have questions about the process along the way. For example, you may question the way in which the executor is handling the estate or distributing assets. If you are the executor, you may wonder how to file certain paperwork, distribute certain assets, or handle certain legal requirements. You may run into situations (such as assets that were previously unknown or changes in the will that cause discord among the heirs) that leave you wondering what the next step is.
At these times, an Abilene probate attorney can be of assistance. You can choose to consult with the attorney to get answers to your specific questions, or you can choose to have them handle certain aspects of probate. For example, the attorney can advise you regarding which paperwork to file for certain assets, or file the paperwork for you. In either case, their knowledge of the law and their extensive prior experience in probate will be a valuable support as you make your way through the process.
Consider hiring an Abilene probate attorney if you need to go to court.
At times, you will need to go to court during probate. There may be documents that require interpretation by the court, or lawsuits from heirs that need to be addressed. You may need to fight for your rightful inheritance.
Whenever you need to go to court during the discharge of an estate, you will want to hire an Abilene probate attorney. This professional will give you the legal support you need for the process, as well as fight for your rights and for the rightful distribution of the estate.
Probate does not have to be scary or overwhelming. An experienced Abilene probate attorney can help you to navigate the process efficiently in order to ensure that the estate is discharged fairly. If you find that there are disputes over the estate, that you lack financial or legal knowledge needed during the process, that the estate is insolvent, have any questions, or need to go to court, do not hesitate to reach out to a local probate attorney.
Here at the Law Offices of David M. White, we provide experienced and compassionate probate services. Whether you are in the middle of probate and have run into a problem or are just starting to think about the process, we are available to provide support and advice in whatever capacity you require.