When a person passes away, their loved ones are left with memories to cherish. They usually leave an “estate” behind, which includes property, bank accounts, and other assets. They may also leave behind debts, which might be considerable. If the individual wrote and signed a will and the provisions of the will and the dynamics among the beneficiaries are clear and uncomplicated, the executor of the will may be able to divide the assets quickly. However, if there is no will, no beneficiaries, or if the decedent left unpaid obligations, the probate process will be required to settle the debts and/or distribute the assets. If the property was wholly owned by the decedent, probate is also required to transfer ownership to a beneficiary. When probate is required, it is a good idea to hire a probate attorney.
A probate lawyer will know how to manage estate taxes, gain access to all of the estate’s assets, properly submit probate documents, and, if necessary, act as a buffer between squabbling family members. Most crucially, for many who make the correct decision to hire a probate lawyer, a probate lawyer may speed up the traditionally sluggish probate procedure, giving everyone involved finality and peace of mind. Here’s how to find a probate lawyer and deal with him or her.
1. Determine whether you require assistance in carrying out the intentions of the deceased.
2. Recognize the role of probate counsel.
3. Begin your search for an attorney by asking these key questions.
4. Calculate how much you’ll have to pay—and make the most of your tax deduction.
5. Make sure you’re ready for your initial meeting.
6. Get the closure you’ve been looking for.
Let’s take a closer look at each stage of the legal hiring procedure.
Determine whether you require assistance in carrying out the intentions of the deceased.
If a relative or someone dear to you has died, you may require assistance in dealing with the assets and debts of that person. This is especially true in cases like these:
- A will has named you as executor.
- There is a disagreement among family members over how assets should be distributed.
- You have to sell a piece of real estate.
- Even if you are not the executor of the will or estate, you believe the executor is not performing well.
Small estates with traditional assets like a home, car, and bank accounts are usually easier to settle, especially if family members agree and the decedent lived in a state that follows the Uniform Probate Code. However, if there are any disputes, significant debts, or high-value assets that may trigger estate taxes, things can quickly become problematic.
Recognize the role of a probate attorney.
Houston probate attorney specialize in estate planning, wills, and trusts, although their areas of specialization vary significantly.
• Transactional lawyers conduct administrative tasks like notifying heirs and creditors, representing clients in probate court, and distributing assets.
• Probate litigators deal with estate-related lawsuits and disputes.
The attorney’s major professional area should ideally be probate and estate planning. Before making a hiring decision, prospective clients should read internet reviews and recommendations and look for information about an attorney’s professional-association memberships. Most probate lawyers provide free initial consultations or charge a small fee for them. The consultation is a wonderful time to ask questions, get referrals from previous clients, and learn more about the probate attorney’s case history and triumphs.
Begin your search for an attorney by asking these crucial questions.
The fundamental purpose of an initial consultation is to establish an attorney’s credentials. You should find out if probate is the firm’s main area of expertise. You should also ask if the attorney frequently appears in the county’s probate court and if he or she has handled similar matters in the past. Here are a few more questions to consider:
1. Is it necessary to go through probate to settle this estate?
2. How long will it take for the probate process to be completed?
3. What concerns might arise during the estate settlement?
4. Is it simple to get in touch with an attorney or paralegal if I have a question?
5. What fee system does the firm employ?
6. Will you assist me if there are any issues with beneficiaries or family members?
Make sure you’re ready for your meeting with the lawyer.
Prospective customers must be sufficiently prepared for their first appointment with a probate attorney to maximize speed and convenience. To accurately examine the matter, a lawyer may require the following documents:
- The will of the deceased
- The trust paperwork of the deceased
- Documents about estate planning
- Beneficiaries’ contact information
- A copy of the decedent’s most recent tax returns
- Assets and debts records
- Policies of insurance
- Deeds to real estate
- Certificate of Death