Probate Attorney - Sorting Out Your Loved One's Assets

Dealing with the stress of loosing a loved one can be difficult, why morning the loss is enough to deal with. But, coupled with that is dealing with your loved one’s estate. Dealing with all the affairs that come with a death can become very overwhelming quite quickly. Knowing how to deal with these affairs with the remaining family can be hard to sort out. And, the amount of stress can be compounded when property distribution and the payments of debts is involved. Sometimes there is a will, and sometimes there isn’t. Having a probate attorney will help this entire process.

Unfortunately, it is very common for families to argue over a deceased loved one’s wealth and personal property. Not knowing the circumstances that come from a loved one’s death can send you into a tailspin. But, it does not have to be difficult. Hiring a legal counsel who is familiar with this type of law can assist a family going through this process. So, often a family will not know the proper channels and laws they will have to deal with after someone passes. It is important to know what a legal counsel such as this can do for you.

First, let’s start with what probate is. Quite simply, it is the legal process of administering the estate of the deceased family member. Sometimes this process can be handled in court or out of court. This process resolves the claims and distributes the deceased person’s property according to the will. A probate attorney can interpret the instructions of the deceased family member and can decide who is to be the executor, typically a family member, of the will.

Often times people do set up a will before their death and assign their assets to specific family members. And, probate attorneys can draw up a will too. And it is most advisable to have a will in place so that the remaining family can deal with the affairs smoothly while coping with the loss. Obviously, having a will set up ahead of time is the best idea for a family to deal with the estate.

However, a lawyer can be helpful if there is a will set in place or not. When there is a will in place then this type of lawyer will make sure everything goes smoothly with it’s filing. Most times a will needs to be filed within ten days of the person’s death. In the case that there is not a will in place legal counsel such as this can give advice on how best to proceed with the laws in your area. But, laws vary from state to state and county to county on how to proceed. So, that is why it is advisable to have someone who is familiar with the laws of your locality. Probate attorneys must obtain a license in order to practice in their state. This means they must be proficient at the laws that they are practicing.