A probate lawyer specializes in managing the filing of a will or last testament of a deceased individual. During this difficult and trying time, it doesn’t even occur to most people that they may need the assistance of an attorney. Even though no state actually requires the use of an attorney to probate an estate, sometimes the entire process can turn into some nasty disputes between family members. The sad truth is that deaths, funerals and wills often bring out the worst in people, and family members with whom you once got a long with, quickly turn greedy at the slightest hint of money. Seeking the help of a probate lawyer can make the entire process go a little bit smoother and take the process off your shoulders while you’re trying to grieve.
If you are wondering if your will need the services of a Probate Attorney in Daytona, FL, consider the following:
• Is there a dispute over past taxes or a complicated tax situation?
• Is your state’s probate procedure simple or rather complicated?
• Is there an ambiguity in the way the will is worded?
• Is there any problem with unfinished contracts — like the sale of a business that was never completed — or disputes with debts?
• Is there any disputed claims like the spouse claiming that a piece of property left to another is actually community property?
• Does the estate have enough assets to pay good all the debts left behind?
• Is there property left to a minor child and require a guardian appointed?
If there is even a hint that a problem could arise with the estate, you should contact a probate attorney — such as Jerry B Wells (a probate attorney in Daytona, FL) — to help legally navigate you through the process. Remember that there are several options available for hiring a probate attorney. In fact, you don’t necessarily have to turn the entire process over to the lawyer. You may only need their help as a consultant, for advice, or to review documentation that you have prepared. If the estate is rather simple with copies of the required forms and clear instructions, you may be able to complete the probate process without the help of a lawyer. If, however, you are unfamiliar with the probate process or the estate is complicated, you should seriously consider, at the very least, getting legal advice from a trusted probate attorney.
After the loss of my mother, I have to say this is something that everyone should consider.