Probate is a legal process that occurs after someone passes away. During probate, a court checks if the person’s will is valid, lists all their belongings, settle any debts or taxes they owe and then distributes what’s left of their belongings. This process has both good and bad sides.
A probate attorney is a licensed lawyer who helps after someone passes away. They assist the person in charge of the will or the people inheriting in managing the person’s belongings and settling their affairs legally.
Advantages of a Probate Lawyer by Your Side
The job of probate lawyers includes finding everything owned by the person who passed away, finding out about paying any debts they owe, and dividing what’s left among those who inherit it.
They can also help with planning before someone passes away, like deciding who will care for children, writing a will to say who gets what, or creating a trust to manage money for the future.
1. Creditor Settlement
In probate, creditors who are owed money by the person who passed away have about 90 days to make claims on the estate. This helps to settle debts faster compared to cases where assets are held in trust, where creditors have up to two years to make claims.
2. Challenging Claims
If you think a creditor is unfairly trying to get money from the deceased person’s estate, probate gives you a chance to challenge it in court. This can prevent you from having to pay debts that aren’t fair or correct.
3. Settling Disputes
Sometimes, family and friends may not agree on how to handle the person’s belongings after they’ve passed away. They might disagree on whether the person was thinking clearly when they wrote their will.
Probate court can help settle these disagreements among the people who were named in the will or could inherit something. This can prevent arguments that cause problems in relationships for a long time.
4. Legal Protection
Probate provides a legal process that ensures the wishes of the person who passed away, as written in their will, are carried out correctly. This means that the court oversees everything to make sure there are no mistakes or misunderstandings.
It protects everyone involved—like family members, friends, and even creditors who are owed money—from any disputes or unfair actions.
5. Clear Title
Probate helps to clear up any questions about who legally owns the things that the person left behind. This is important because it establishes clear ownership, making it easier and legal to transfer these things to the right people or organizations.
It prevents confusion or arguments about who should get what from the deceased person’s belongings.
6. Court Oversight
When someone passes away, probate ensures that the person in charge of handling their estate does everything according to the law and the wishes of the deceased. The court oversees the whole process to make sure everything is fair and lawful.
This oversight helps to protect the estate from any improper handling and ensures that the assets are distributed correctly to the beneficiaries.
