Should Your Family Hire Probate Attorneys?

If you've ever had a loved one die, you know that the 'reading of the will' that happens on television and in the movies isn't actually accurate. There's no ceremony where everyone gathers wearing black and waiting with baited breath to find out what they've been left. Instead, an executor of an estate simply contacts any beneficiaries to let them know if there are any assets for them. However, this doesn't mean that the executor handles everything. In some cases, probate attorneys are used. If you're not sure whether your family needs to contact a lawyer about a loved one's estate, answer these questions.

Are There Business Assets To Consider?

If the estate includes a business with debts or assets, probate attorneys will know how to proceed in order to protect the business and the beneficiaries. They'll also be able to help transfer ownership if there's no direction in the deceased's legal documents.

Did The Deceased Do What Was Necessary To Avoid Probate?

Probate attorneys may be required, but it's possible for the deceased to take steps to avoid it before their death. In many states, it's possible to avoid it by creating a living trust and a knowledgeable attorney in your local area can help throughout this process. For instance, if you create a living trust, your family members can avoid probate.

Ask your lawyer about creating 'transfer on death' documents. These documents create clauses that will automatically transfer assets, such as real estate, vehicles, retirement accounts and bank accounts, to a beneficiary. Without these documents, your belongings could be tied up while lawyers and beneficiaries fight over who should get what.

Does Everyone Agree With The Will?

If your family members disagree about the contents of the deceased's legal documents, it could cause a big family rift. This is especially true if there are substantial properties or if a specific family member receives a disproportionate portion of the estate. Whenever there's a family battle over assets, it's important to have probate attorneys ready to help. These lawyers could help love ones avoid an expensive court case that drains the estate.

What Else Can Probate Attorneys Do?

These lawyers aren't just useful after someone has died. Many people understand that it's important to plan for their death and will use these lawyers to draw up a will. This document should tell family members who should receive certain assets and give direction on how these assets should be divided if there are multiple beneficiaries. Additionally, these lawyers can create a living will. This document can direct loved ones on what to do in case of a medical emergency and let them know if you'd like life saving measures taken.

While it's true that planning for death can be uncomfortable, it's really one of the kindest gifts you can give your loved ones. If you're not sure how to start the process of writing a will, talk to an attorney in your area. They can help you determine what you need to do to protect your loved ones.