When a family member or loved one dies, you may feel uncomfortable handling the disposal of the estate yourself, and wonder whether it is advisable to employ the services of a probate attorney. Fortunately, there are some clear indications to direct you to best decision.
What Does a Probate Lawyer Do?
As many individuals ponder this question, they often wonder whether they should complete the tasks without the help of a probate attorney in order to save a few thousand dollars.
Knowing what a probate lawyer will charge may influence your decision making process. Lawyers often charge a percentage of the size of the estate, although the work involved is virtually the same for medium-sized or large estates. Some lawyers will charge a fixed fee for carrying out the work whatever the size of the estate.
Financial constraints should not be your only concern. There may be some disputes that arise as you try to dispose of property and assets and ascertain the debts of the estate. The laws surrounding the probate for a deceased individual can appear confusing and difficult to adhere to. If you feel this is going to be too much for you, then go ahead and get in touch with a probate attorney. Should you decide that you need to morally fight the battles, then the appointed attorney, from the will, should dictate who will be in charge of carrying out the work. This does not need to be the husband/wife/partner of the deceased and can be one or more people.
What If You Make Mistakes?
The individual named to carry out the probate is responsible for getting everything right. They may be involved in a legal suit if they make mistakes and these could prove costly. Nevertheless, are you likely to make mistakes when you follow specific instructions to take you through the probate procedures?
Should the estate be relatively simple, involving property, one or two bank accounts and perhaps life insurance, it may be easy to completely close the estate effectively. Conversely, you may wish to consider employing a probate attorney if the estate is extremely complicated, carries debts that are difficult to ascertain and if a variety of disputes against these results are likely to occur.
When an individual dies you do not have to be in a rush to complete the probate, but clearly, you do not need the process to be sitting around, untouched for a long period of time. Weigh your decisions carefully so that you can make choices that are suitable for you and for the estate of the deceased.