If a family member has passed and left you property or money, you may be wondering if you'll need an attorney. Ideally, everything should go smoothly, so you get your money without problems. However, there are some situations, where you should contact a probate attorney immediately. Check out these three common reasons you should contact a probate attorney.
The Assets Can't Be Transferred Outside of Probate
Sometimes, probate is simply necessary to actually transfer the assets. The real estate company with whom you are working should be able to tell you if you fall into this category, so you can contact a lawyer before doing anything else. Assets that can typically be transferred outside of probate include survivorship community property, living trust or assets held in joint tenancy. A probate is also not usually needed if a beneficiary has been listed. For example, if the deceased had a life-insurance policy, and you are listed as the beneficiary, you don't usually need to go through probate.
There Are Not Enough Assets
When people pass away, their debts don't always disappear too. Many of these debts must come out of the estate before the money can be distributed to heirs. Hopefully, there is plenty of assets to pay for all the debt. Unfortunately, that isn't always the case. In some cases, the debts may outweigh the assets, leaving nothing left for the heirs. Even if it doesn't eat all the money, it can drastically reduce the amount the heirs receive. If this is the case, and you are the executor of the estate, you should get an attorney because your family may not understand all the complicated money matters, and they may fear you are cheating them and sue.
Someone Is Contesting a Will
If there is a will, probate is not typically necessary because the will details exactly what the deceased wanted. However, in some cases, someone may contest a will. An angry child who didn't get as much as their sibling, may argue they deserve exactly half. If this is the case, you must contact an attorney immediately because the person contesting the will may have another copy of a different will, or they may try to prove the original will isn't valid. If you've heard any family member mention suing or contesting, make sure you contact an attorney fast.
When a loved one passes away, the last thing you want to worry about is fighting for your share. Unfortunately, there are some situations where you need to get a probate attorney. If you are worried you may need to go to probate, contact an attorney, like one from Leon J Teichner & Associates, P.C., in your area today.Share
15 November 2017
Hi there, my name is Mindy Simmons. Welcome to my website about real estate attorney services. When I found out that I had to move for my job, I immediately started looking for a way to manage my homebuying and selling activities. Since I had to focus the bulk of my attention on my new job, I enlisted the help of a real estate attorney to help me out. With this professional by my side, I did not have to worry about erroneous paperwork or other dire problems. I created this website to help others understand the services offered by real estate attorneys everywhere. Thanks.