If you have had a family member pass and are the executor of their will, you might be wondering how to deal with their estate. Sometimes executing wills and carrying out the probate process is relatively straightforward and doesn't require a probate attorney. However, there are a few situations where a probate lawyer can prove to be an invaluable resource.
1. If a Family Member Contests the Will
If every member of the family is not happy with the will and or the way that an estate is being administrated may not just keep quiet. If they are upset, they may begin the process to try and contest the will. Trying to fight a contest is a lengthy, expensive, complicated process that you can't deal with yourself. If you know that there will be a contest, you should immediately hire a probate attorney.
2. There is an Ambiguous Will
If the will is worded in such a way that you as an executor don't know exactly what the deceased wished, you should hire a probate lawyer. A probate lawyer can help clarify the deceased's intentions, looking at the will from an outside perspective free from bias.
3. The Estate Cannot Properly Pay Its Debts
When a person dies and holds debt, it doesn't just disappear. Assets from the estate must be taken out to pay the debts off. If the estate is large enough to pay off the debts, this isn't an issue. However, if the estate can't afford to pay the debts, the situation gets trickier. A probate lawyer can help you figure out what debts to pay, which ones can't be paid and help keep creditors off your back, as you are not responsible for any debt that can't be paid by the estate.
4. The Estate Holds Uncommon Assets
If the estate you are an executor of holds fairly small common assets, such as a bank account, a home, a car, the process of executing will be straight-forward. However, if the estate holds uncommon assets, such as a business or commercial real estate, you will want to hire a probate attorney. If the estate holds a business, a probate lawyer can help you with the difficult situation of transferring ownership of the business or selling it.
If one of the above situations applies to you, contact a probate attorney. They will be able to help you navigate the sometimes tricky process of handling the estate. Check out a website like http://valentineandvalentine.com for more information and assistance.