Reasons Every Estate Needs a Probate Lawyer

The two things certain in life are death and taxes. Sometimes the taxman can even find a way to tax you after you die- with estate taxes. Nothing is simple in our culture, not even death, which is why if you have had a loved one die you need to make sure you have a probate lawyer to help you work through their estate, no matter how simple you expect the estate itself to actually be.

The executor of the deceased person’s estate must file their will with the court after their death so it becomes a matter of public record. If a person dies without a will in place that means the state will appoint the next of kin to oversee the disbursement of the deceased person’s estate just as if there was a will in place.

After a person passes, their bills and debts do not go away with them. Believe it or not, there is actually a system in place for creditors to make a claim against the deceased to collect their money. It can be money from utility bills, rent or mortgage payments, or even money that your loved one borrowed from a friend or loan company. Any creditor can put in a request for repayment and that is why it can help to have a probate lawyer help the executor sort out all of the claims, some of which may not be legitimate claims.

If no claims are made in a set amount of time, the estate can be settled fairly simply and the estate can be distributed as the deceased wished in their will or as their executor sees fit no will was in place.
If claims are put in place against the estate, then those claims of course must be dealt with. Any claims that are put in have to be verified and then paid off before the estate can be distributed.

Other things that can derail a simple estate settlement include anyone putting in a claim against the will itself stating that it was written under undue influence or that the deceased was not of sound mind when the will was written. There can also be claims made that the executor is unfit or should not be in charge of the estate for a broad range of other reasons.

Complex claims or even false claims can hold up an estate until they are settled, often in court. Look at the case of Anna Nicole Smith. Her claim against her late husband’s estate lasted through her lifetime and the lifetime of her stepson, and neither one of them lived to see the outcome of her claim. Once it began, it meandered on through the court system like a beast with a life of its own, which is why a probate lawyer is almost a necessity instead of a luxury.