Settling Your Family Member’s Estate Effectively
Dealing with the death of a loved one can bring about many emotions. Unfortunately, a family member’s death also brings about many new legal areas to deal with, including probate and estate administration. Working with a probate attorney allows you to resolve your loved one’s estate quickly and efficiently so you can focus on yourself and your loved ones.
If you’re about to start the probate process and you’re not sure where to turn for advice, our law firm can help you. An estate attorney on our team will walk you through the probate process from beginning to end, helping you file documents, calculate assets, and eventually close the estate. We understand how overwhelming this process can feel, and we are dedicated to using our experience to help you and your family.
Our team at Patricia Scott Law is here to assist you. To learn more about our services, please call us today at 510-984-2390.
What Does the Probate Process Entail?
The specifics of the probate process vary slightly from state to state but remain generally the same throughout the country. During probate, the court will examine the will and assets of the deceased, plus any other instructions left behind. Family members of the deceased can bring up disputes or issues that will then be addressed during probate.
The executor of the estate has the largest role in the probate process. If your loved one had a will, the executor is typically named in that document. If not, the court will assign an executor. The executor starts the probate process by filing the will with the court. In most cases, probate is done in the county where the deceased lived.
As an executor, you are responsible for contacting beneficiaries, paying off debts, and paying off taxes on the estate. You are also responsible for filing the right paperwork to close the estate once the time comes.
If you have been named as the executor of your loved one’s estate, our Contra Costa County legal team can help you. We understand how overwhelming it can be to handle this process, and we can walk you through each step to ensure you are legally compliant.
How Does a Probate Lawyer Help With the Probate Process?
Not many people without a legal background have been involved in the probate process before. By working with a probate attorney, you can stay on track to resolve your loved one’s estate without delays.
When you work with our team, we’ll take the following steps:
Collecting on Life Insurance Policies
If your loved one had a life insurance policy, that’s an asset that must be distributed to beneficiaries. Our team can help you contact the insurance company and give the life insurance benefits to the right people.
Inventorying Assets
All of the assets in your loved one’s estate must be inventoried and assigned value. Tracking down these assets can be challenging, especially if they span multiple states. Our team can help you navigate real estate law and the probate process to ensure you’ve accounted for all assets.
Getting Appraisals
All real property in your loved one’s estate must be appraised before it can be distributed. Our team will assist you in finding appraisers and having them value the assets in the estate.
Handling Disputes
Family disputes can arise if any relatives of the deceased disagree with the will or its instructions. We can help you avoid probate litigation by using negotiation tactics and mediation to resolve issues quickly.
Paying Debts
Similar to beneficiaries, creditors must be advised when an estate enters probate. If there are any debts or taxes that must be paid, we will help you set aside assets and money to do so.
Filing Paperwork
The probate process involves extensive court documents that must be filed within a specific timeframe. Our team can draft and file paperwork for you to keep you on track.
Offering Advice
Throughout the probate process, you might have questions or concerns that need to be addressed. Our probate lawyers will stay by your side to offer our knowledge and help you avoid delays.
What Are the Main Concerns During the Probate Process?
During probate, the court must prove the validity of the will before the estate can be closed. During this time, family members or concerned parties can bring up issues. Having a probate attorney on your side helps you resolve these issues quickly so they don’t cause significant delays.
The main issues that could arise during probate are:
- Undue influence
- Fraud
- Lack of capacity
- Challenges to the executor
- Invalid will
If you have concerns about a will or you’re dealing with will disputes, contact our team today. We can advise you on the next steps to take and help you avoid litigation.
What Can a Probate Attorney Do for Me?
Losing a loved one is a challenging emotional experience. This experience can be amplified as you work on closing their estate and distributing assets. Our probate attorneys will stay by your side to protect your rights and give you the legal guidance you need.
Our team understands what you are going through, and we are committed to making this time easier for you. To learn more about our probate attorneys and how we can assist you, please contact Patricia Scott Law by calling 510-984-2390 today.