Although no one anticipates it, death is inevitable. Besides the emotional and psychological trauma that may follow losing a loved one, you may encounter different challenges, especially when proving the validity of the will they left behind. The probate legal process ensures that the will is validated and the assets of deceased person are divided according to their last wishes. It is advisable to get a conservatorship attorney for your loved ones when they get to old age or have mental illnesses that may hinder them from managing their assets. However, one of the questions that may be confusing for you is, are wills filed with the court?
The best person to answer that question is an advocate taking care of your loved one’s will. The same expert is better-positioned to prove the validity of the will through the probate process. Nonetheless, you may be asking yourself, can I probate a will without a lawyer? The answer is yes. You have the freedom to interact with the court system while probating a will without necessarily being represented by a barrister. Another concern raised by the deceased’s surviving relatives is, can I go to probate court without a lawyer? Like probating a will, you can attend probate court sessions without a lawyer.
After you have mourned the loss a loved one, the difficult decision must made of what to do with their real estate property. If you have questions about a real estate law, including the probate process, consult with a commercial real estate attorney. The information you obtain within this article is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
In the United States, probate is the process of proving that the will of a deceased person is valid, and that the beneficiaries follow the deceased individual’s last wishes. The probate process provides a place where a will can be contested, or appealed, allowing all concerns and issues with the will to be addressed. After opening the probate case with the court, the personal representative inventories and collects the decedents property. Then he pays any debts and taxes including the estate tax. Finally, he distributes the remaining property to the beneficiaries.
When developing a will through estate planning, you are assuring that all your assets will be distributed exactly how you would like them to be. During the probate process, property distribution may take a long amount of time due to the legalities involved with the probate process. The importance of estate planning cannot be understated because if you are smart, you can avoid probate altogether. Some of the decedents property may never enter probate because it passes to another person contractually. Property held in a revocable or irrevocable trust created during the grantors lifetime also avoids probate.
Real estate lawyers help their clients through conflicts that arise while renting, buying, or selling property. A residential real estate attorney can play a key role in helping you determine where your loved ones residential property can go after they have passed away. A commercial real estate attorney can help you determine what to do with any business property your deceased loved ones may have owned.
A commercial real estate attorney can help you follow through on your loved ones wishes for their property after their death. They can make sure you know all of your rights and lead through the probate process. Consult with a commercial real estate attorney and avoid legal troubles that can come from estate planning.