Probate Attorney - Contest a Will

A probate attorney may be necessary if you need help to make sure that the proper heirs receive parts of a diseased person's estate. The lawyer can have several different functions. Before dying, this lawyer can also make sure that the will is legal and written accordingly. Once the person has died, although a different person may actually administer the estate, the lawyer can help with completing documents and filing everything in court. Both in cases where there is a will and those in which there is no will available, the lawyer can assist with the cases that are in Probate. Once there, the value of the person's property is determined, the best method for paying the person's debts is determined and anything that is left after the debts are paid is distributed properly. A probate attorney can of assistance if any part of the process is contested.

Language in the will, for example may be contested or the will may be accused of being a fraud. In these cases, a lawyer can be hired by the parties involved, and the lawyer will fight the case to the extent of the law. For example, a child may contest the fact that the entire estate is going to a party who misguided an elderly parent. Someone who feels that the deceased person was a victim of fraud may contest the proceedings. There are several examples of when hiring a lawyer will be beneficial. If significant property or businesses are part of the person's estate, and if the property is located in several different states or abroad, the process may take years to complete, and a probate attorney will try to see to it that his or her client's interests are met.

When meeting with a probate attorney, like with consultations with other lawyers, make sure that you have as much information as possible regarding the deceased person and the case. You must be able to explain your needs accurately and efficiently so that the lawyer will understand your issue and be able to provide the best advice on whether or how he or she can help you.

Be sure to listen to your lawyer and answer the questions that are posed to you. Sometimes your lawyer would want you to elaborate on your responses, but other times, he or she would like a short and direct response. Basically, your lawyer may want to know why you feel the proceedings are unjust and how you would like the lawyer to help you.

Because the process can be long and complicated, you should be patient. If you select an experienced well-qualified lawyer, you will be able to trust that he or she will indeed fight to make sure that all is just with the proceedings. Each jurisdiction has different laws, therefore your lawyer must be able to navigate through all of the information and be a skillful litigator, communicator and listener. Make sure that your lawyer has had significant success in this field and ask questions if you do not understand information presented to you.