A Good Probate Attorney Provides Critical Assistance To Heirs And Executors

Written By Admin on Jumat, 25 Agustus 2017 | 01.28

By Joseph Kelly

Even when a loved one has all her affairs in order, there are a lot of decisions for her descendants to make on her passing. Those who leave behind substantial holdings, usually have attorneys who have dealt with legalities. Even when this is the case, retaining the services of an experienced probate attorney makes it much easier to settle the estate and disburse funds and assets in the manner in which the loved one wished.

You will need copies of relevant legal documents left behind by the loved one. These may include a will, titles, deeds, stocks, bonds, and insurance policies. Most people keep valuable paperwork such as these in safe places. You might find them in a home or office safe or in a safety deposit box. Hopefully the individual died intestate, which means there is a valid will.

You will need the death certificate and will in hand to begin the probate process. It is a good idea to have an inventory list of the various assets held by the deceased. Your lawyer will need all this information for the initial consultation. If you are meeting with a new lawyer, this first meeting may be free of charge.

While you are in the process of looking for the deceased's will, you also need the titles to personal property like vehicles and boats. There should be deeds for all real property owned like houses and acreage. Legal documents are recorded, and if you know they exist, but can't locate them, your lawyer can research the documentation and get the necessary copies.

Once your lawyer determines that your paperwork is in order, you can petition for probate. The petition is normally filed in the county where the loved lived. The process takes at least a month and sometimes longer. This process ensures all creditors have been notified of the death, admits the will, and officially appoints the administrator. When everything is approved, the executor can begin the process of dispersing assets.

Before holding any public sale of personal property, family and friends should have the opportunity to pick out items they want to keep. If the deceased has willed certain items to family members, charities, or friends, those things must be dispersed. Auction houses conduct estate sales for families all the time. Yard sales are good for getting rid of inexpensive items.

Executors often retain the services of a Broker familiar with estate real estate holdings in order to sell the real estate. It can be auctioned or sold privately, but should be sold at fair market value. Once the property is sold and closed, the proceeds can be disbursed according to the intentions of the deceased and the order of the court.

The death of a loved one is a difficult time for family and friends. Having an impartial third party involved in this process can make liquidating assets much easier. This individual can help make certain the wishes of the loved one are carried out.

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