subject: The Responsibilities Of A Probate Lawyer [print this page] Individuals who have suffered long-term illnesses will probably think ahead to the future and write a will and testament-a detailed account of where their earthly goods should go when they pass away. In some cases (such as a fatal car accident), death comes in an instant to an individual who seemingly has no reason to write a will. In both cases, a probate lawyer will help distribute the individual's possessions to family members, friends, and others who may be entitled to them.
Who Receives Money and Possessions?
If the deceased has created a will and testament, the distribution of property is relatively easy, unless a significant amount of debt has been accumulated. For instance, an individual may have left his life savings to a spouse or other member of the family, but if he's also accumulated a large amount of credit card debt, that money must first be used to pay off the debt. The remainder is then given to the family.
In the event that the deceased left no will, a probate lawyer will distribute the property due to the state's laws. Since each state's laws are different, a local attorney is the best choice for the distribution of the deceased's estate.
Challenges to the Process
If a family member or close friend feels entitled to part of the estate, he may challenge the will in an effort to receive some of the money or a specific possession. The individual who is challenging the will must have a valid reason. Perhaps the deceased failed to change his will to include his children or a spouse. These individuals have a valid reason to challenge the will.
The probate lawyer may be able to work out a solution to a challenge without going to court, but challenges often require a lengthy litigation process. If the challenge does go to litigation, the attorney who is handling the distribution of the will is the one who handles the court case.
The Steps of the Process
Before any distribution can begin, the attorney must determine if the current will was validly created by the deceased. He'll also need to identify the property, possessions, and monetary accounts that are being distributed.
Before any of these items or monetary gifts can be given, the probate attorney will investigate previous claims on the estate. Debts incurred by credit cards must be paid off, outstanding household bills must be paid, and any other debts must first be fulfilled with the money left by the deceased individual. Once these are satisfied, the rest of the money and possessions can be distributed to the deceased's family and friends.
Finally, a probate lawyer is familiar with possible tax advantages that may be obtained when the estate is distributed in a specific way. It's always best to have an expert help with this potentially confusing process.
