Do I Need A Probate Attorney?

            While a difficult question to consider, it’s important to ask whether or not you’ll require a probate attorney someday. It may just be exactly the support your loved ones need after your no longer with them. Probate court and its requirements can be a sometimes lengthy and complicated process, especially if your affairs aren’t in order prior to your passing. An already difficult time can be made even more so if there is no will in place or it’s disputed. Individuals often scramble to hire a probate attorney after the fact, which can only exasperate their stress and possibly prolong an already difficult process. It’s best to decide prior whether or not you will need a probate attorney, but how do you know if one is necessary? Read on to see what exactly a probate attorney does and why you may need one.

            Regardless of your preparations, everything you leave behind will be probated or processed through probate court; even without a last will and testament or probate attorney to guide your wishes, your estate will be processed through the legal system when you pass on. This could potentially leave your loved ones in a more difficult situation than necessary. A probate attorney can be there, both before and after your death, to supervise and guide you and your loved ones through the delicate process. Probate attorneys can help you create your last will and testament, plan your trust, assign power of attorney, prepare and file the required documents for probate court, help with income tax issues, retitle assets to beneficiaries, adjudicate wills and so much more. They are your personal estate attorney, the one who oversees all the complicated, but necessary paperwork that will execute your affairs in the manner you wished them completed.

            Now that you know who a probate attorney is, will you ever need one? A probate attorney is necessary mainly if your affairs are unsettled or more complicated than the average citizen’s. Reasons to hire a probate attorney could include:

• Difficult tax situations
• Disputed claims
• Property to be entrusted to a minor who would need an appointed guardian
• Inconclusive will and testament
• Debts too great to be covered by the estate

Any of these issues, plus many others, is excellent reason to look into legal

service. However, it’s important to remember that the best time to shop around and hire a probate attorney is before you pass away. Often, when this is left to the last minute, an even greater burden falls on those grieving. Not only is this an extra hardship, it can also lead to limited choices in representation and a lengthier probate process.

            No one necessarily wants to think about the time after they’ve died. Still, it can be a vital topic to consider. A probate attorney is not mandatory, however, for some it may be the right decision. Whatever your situation, make sure you consider carefully your needs and the anticipated needs of your loved ones after you pass away.