When it comes to the death of a friend or family member it can be so difficult to know just what to do. That being said, probate is a reality that many people have to deal with and knowing what to do and how a lawyer can help is a fantastic thing. Skilled probate attorneys at the Dickson Frohlich office can help.
What is Probate?
It helps to first have a basic understanding of what probate is and how it functions. Probate is a state I which the estate of an individual that has just passed is frozen until such a time as the creditors and other interested parties have had a chance to come forward and lay claim to some of the estate. This means that if your family member, or you for that matter, pass without a will your estate will go into probate for a predetermined amount of time.
Probate generally lasts about 6 months when it is not contested and when there are no other extenuating factors that hold it up or make it last longer. Probate works to allow anyone and everyone that believes they have a claim on an estate the chance to make their case and stake their claim to the estate that is left.
Though probate can be a truly frustrating process, it is necessary and is the best way to ensure that an estate that did not have a will is given out fairly and that anyone that does have an interest in it does get their fair share. Without probate, one person could come in and sweep the table and take the whole estate or force the sale when it should not yet be sold.
How Can a Lawyer Help?
Without a lawyer, probate is going to last 6 months, or whatever the amount of time that is required in your state, and it may be contested and take even longer to complete. Probate can be a very serious process that can make it hard for families to come together and come to a consensus about the estate and how it is going to be doled out. Probate with the help of an attorney can go faster, it is going to go smoother, and it is likely going to meet with less contention. Looking for a probate lawyer liverpool is a good start.
Probate attorneys have the ability to help facilitate a smooth and quicker probate process as they can contact the necessary creditors, anyone that might be interested, and they can also petition the court to end the probate and settle the account sooner. Probate attorneys can also represent you at the proceeding if you are not interested in being there or if you do not want to be a part of it.
They can answer any questions that you might have, they can fence your concerns and they can also help to communicate with the other people that are interested in the estate and help get to a resolution faster and more efficiently. Attorneys are a wonderful asset as they do help to make the process a bit easier, they help to make it simpler to get the whole probate process settled, and they can also help to make you feel better about the decisions that were made.
How to Avoid Probate
The best method for avoiding your own estate going into probate is to have a will or a trust in place prior to the time of your death. A will or a trust is going to ensure that there is no question about what you wanted to happen to your estate, you can name the people you want to get certain things or money, and you can take away the chance that your estate is going to sit in probate and wait for things to be settled.
An attorney can help draw up a will, state who is going to get what, and they can also help you to make sure that your estate is not going to have to sit and wait for everyone that is interested to get their part. Attorneys can also help to set up trusts that can go to specific people, wills that name benefactors, and they can help you to contact those people both prior to your death to let them know that you are in their will as well as making sure that they are made aware after your passing.
Attorneys can help make the entire death process simpler and can help make handling estate issues simpler as well. Though no one likes to think about things like the end of life, having your issues lined out and ready to go before you pass is the best way to ensure that your family and friends can take care of your estate quickly and can get things going after you pass. Estate planning is one of the best things you can do to make sure your estate is handled the way that you want it to be and that there are no issues to deal with after you pass for your family and those you left behind.