If you had a loved one pass away recently you may be learning about probate and wills. What is probate, how does it work? There are many aspects to probate, its more than just giving away assets. The executer must perform multiple tasks and document each one for a probate packet and gather all legal and non-legal documents associated with the estate. In an ideal situation, after ones passing the deceased has left behind a last will and testament that has been legally prepared by a professional and notarized to confirm sound body and mind when drawing up their will. Not much more goes into it after that, the judge clears the will and the executer will begin processing the will. But in many cases there is not a clear last will, for example it may be that there was more than one will drawn up, or it may be that the will was destroyed by someone who found it that was not happy with what they were given and there is no other copy to validate the claim. It could also be that the deceased didn’t even leave a will behind. This is where things can get messy, complicated and very emotional.
Probate will be the place where you will be able validate a will that has not been properly signed or documented. In addition, its where you will get direction on who is a beneficiary and how the assets will be split up by the court if there is no will at all. You can also contest the decision of the court if you do not agree with them. When there are complicated family dynamics and grief that can cause people to act in unpredictable ways. It’s a good idea to have a bridge and safeguard in place between grieving families. This helps protect family from becoming fractured from trying to negotiate such matters while still reeling from loss. It also helps keeps family that do not get along from having more tension between each other while going through a trying time.
Individuals or debtors can also file lawsuits against the estate which can create a much greater stress for the family members left behind with the estate. Sometimes when an executer is chosen by the deceased, they may find that the process to take on such complicated matters is beyond what they can handle. Many people who name their executor do not realize managing an entire life that has been left behind is not a small task. It can take months or years to wrap up everything left behind. If the process is not properly handled by choice or by lack of knowledge the executor can be sued, which is another complication that can tie up the executer in court for many years to come.
When heading into probate having legal representation will be your best defense against any unwanted stress and family drama. Losing a loved one is never an easy thing to go through, it’s even harder to go through it and deal with all of the legal burden that comes along with it. We can provide the legal representation to make the process as quick and least stressful as possible.