Easing Family Tensions With A Probate Attorney
If you are dealing with the aftermath of the death of a loved one, the division of their assets is usually the last thing on your mind. After all, isn't that what a will is for? Unfortunately, while most estates can be divided without the need of probate attorney, conflicts over wills do occasionally occur. If you are faced with the possibility of a contentious estate battle, a probate attorney may be able to help you resolve the dispute with your family members amicably. Estate battles are perhaps one of the most difficult things a family can go through, and avoiding court is often a wise idea to prevent further damaging family ties.
Do Wills Remove the Need for Probate Administration?
Most people believe that having a will guarantees that their assets can be properly disbursed to heirs without the need of probate administration, but this is not always the case. A competent estate attorney can help to plan a will that will be difficult to contest, but conflicts do sometimes arise even when the division of assets is clearly spelled out. Conflicts may sometimes also occur over issues that arose after the will was already established, especially if it was not regularly updated. One of the most common points of contention even in otherwise well-crafted wills is the assignment of an executor who is also a beneficiary.
Do You Need a Probate Attorney?
Whether or not you need a probate attorney is a complex question that will vary quite a bit based on your circumstances. Depending on your jurisdiction, it is likely that some amount of your loved one's assets can be inherited without passing through probate administration. If this is the case, and if no other family members are contesting the division of assets, then you generally will not need a probate attorney. If, on the other hand, your loved one had significant assets and you believe that portions of their estate will be contested, then a consultation with a probate attorney will be in your best interest.
It is important to understand that hiring a probate attorney does not mean that you will necessarily be going to probate court. In fact, one major reason to consult with an attorney is to avoid a lengthy court battle that may be seriously damaging to family relationships. A probate attorney may be able to resolve any disputes arising from the deceased's will outside of court, before those disputes turn into months or years long conflicts. Contact a firm, like Davis & Mathis, to get started.