Handling a Loss with a Probate Attorney

When time, disease, or a traumatic accident has taken a loved one from your life, something shifts within a family dynamic. For some, the heart break is too overwhelming to focus on the details of deeds, trusts, or the existence of a will. For others, the contents of a will can cause hurt feelings and great turmoil within the family. For those who were closest to the deceased, they understand that those reactions aren’t what they wanted anyone to feel. However the existence of a will, trust, and documents do declare what was intended. 

Consulting with your local probate attorney can ease the process through explanations and facilitated communication for all. He or she can explain what to do when there is no will to speak of, but the family member had a significant estate to be distributed amongst his children and grandchildren. The children known that he had debts that required payment upon his passing, but they don’t know what to do next.

Without the presence of a will, the family will definitely benefit from the assistance of a probate attorney through the probate court process. The authority over the deceased’s estate will be under the court’s discretion. With a lawyer that is well trained in how to guide you through presenting your particular case is critical. First, it must be understood that the court will focus on debts owed to the government, and any other persons or business that can prove such amounts. Second, any clearly defined next of kin will receive estate accounts and property to be further distributed at his or her discretion (after taxes). If there is no will present upon a loved one’s sudden passing away, it would seem that probate court makes the process easier on everyone. For the relatives that don’t want to think about anything related to their loss, the probate attorney is a time and energy saver.

On the other side of probate is the existence of a will that clearly states how the estate should be divided amongst relatives, friends, charitable causes, and businesses amongst partners. It will always be true, first and foremost, to pay debts and taxes before any dividing of the estate can take place. Once the will has been read to all affected family, friends, and business partners there is an opportunity to wait for the inheritance or gift to find its way to you, or you can contest a wills contents. If the contents are challenged then these family members and business partners could end up having their fates decided in probate court as well. If individuals want to work out private settlements after distribution has taken place that is their decision. However, a probate attorney is available for assistance as simple as a consultation about your estate questions, or as involved as representation in probate court. Either way he or she will be there to protect your family interests.