A Probate Attorney to Ease the Steps to Resolution

Dealing with the death of a parent, spouse or sibling is difficult enough. Then you also have to deal with the legal process of distribution of his or her estate that you can choose to leave majority of legal aspects to the training and experience of a probate attorney. They are familiar with and sensitive to the fact that all steps and stages of completing legal and accounting documents can compound the stress of dealing with the loss of your loved one.

It can be particularly helpful to have a lawyer's assistance with court hearings especially when all beneficiaries don't agree, and everyone has to communicate while waiting for the surrogate court's decision after any contesting evidence is presented against the validity of the existing will. So instead of arguing with siblings, ex-spouses, or debt collectors, your choice of probate attorney to handle all of the crucial steps of your family's asset resolution with creditors, taxes, insurance, and heirs as it applies and as the court decides. The entire process can take between several months to several years depending upon communication, beneficiaries, contests, and any complications with the assets.

There are several steps that an attentive expert probate attorney will use to protect, inform and file all necessary information, process, and documentation to get the executor through all of his or her duties.

So, the first step is to gather and itemize all assets of the deceased. Second, he or she will contact creditors to pay all true debts. Step three is also related and aims to notify insurance companies and Social Security Administration in regards to commencing or seizing payment appropriately. Step four involves a significant amount of the accounting aspects that the probate attorney helps with. He or she will file the itemized and appraised list of assets in order for the surrogate court to recognize and allow distribution. Step five is the often complicated but always necessary filling of tax returns. Step six is when the beneficiaries listed on the will receive the final settlement according to the deceased's wishes. Or, if there were contesters to the validity of the content of the will, the lawyer will have to perform further investigation to help settle as quickly as possible according to the complications and the court's rulings. Lastly, the ending of this process for the assigned executor can finally come to a close when the court agrees on the proper documentation and distribution of assets therein.

The executor is the family's personal non-legal representative of the estate. Not unless he or she is also a lawyer, they will likely need the guidance, experience and support of a probate attorney for dealing with all filings, all collection, all payments, all settlements, contesting, and court hearings. As stated earlier, it can be a lengthy and emotionally charged process - depending upon the size and complexity of the estate, its debts, and beneficiaries. A probate attorney can help an entire family focus on their healing while he or she faces the legal obligations of the loss.