When Hiring an Attorney for Probate Is a Good Idea
Probate is a process that involves settling a deceased person’s estate and distributing assets to beneficiaries or heirs. Probate ensures a decedent’s assets are identified and correctly valued, debts are settled, and beneficiaries or heirs receive assets per the decedent’s wishes or the state’s intestate succession laws. In California, hiring an attorney for probate is not a legal requirement. However, it is advisable to hire a probate attorney. Hiring a lawyer for probate can be beneficial. Also, there are many instances when hiring an attorney for probate is not only helpful but necessary. In some cases, it is difficult and even risky to proceed without the assistance of a legal professional. Below are some situations when hiring a probate attorney is a good idea;
- Complex or Large Estates
Some assets are simple, with few non-complicated assets. On the other hand, some estates are complex, involving significant assets, multiple properties, business interests, or unique investments. Such estates require careful handling, accurate valuations, and maybe even tax planning to reduce estate taxes. For such estates, it is highly recommended to hire a probate attorney. An attorney can help ensure all assets are located, properly valued, and distributed accordingly. They can help ensure compliance with legal and tax requirements. A skilled probate lawyer can help minimize the chances of errors that could result in disputes, financial losses, or legal consequences.
- When There Are Disputes
Conflicts among surviving family members or beneficiaries are not uncommon. For instance, disputes may arise over the will’s validity, the interpretation of the will, or the division of assets. Disputes can complicate the probate process, often leading to costly litigation. An experienced probate attorney can ensure all parties understand their rights and obligations, ultimately helping resolve disputes efficiently and protecting the estate’s interests.
- When the Will Is Unclear, or There Is No Will
If a decedent leaves behind a will with unclear instructions or there is no will, probate can be more complex, thus necessitating hiring an attorney. An attorney may be able to help interpret the will, or if there is no will, they may guide the family through the state’s intestate succession laws. These laws dictate how a decedent’s assets should be distributed if there is no will, and they can be challenging to navigate. A probate lawyer can ensure the personal representative understands state-specific laws and that the estate is administered in accordance with the law. They can ensure a smooth process, free of disputes and delays.
- You Are an Executor Who Lives Out of State
In California, both in-state (those who live in California) and out-of-state (those who live outside California) executors are allowed. However, out-of-state executors may find it challenging to manage an estate. They may be unfamiliar with local laws or procedural requirements. If you are an out-of-state executor, hiring a probate attorney is a good idea. An attorney can handle necessary filing, act as your local representative, navigate California’s probate requirements, and streamline the probate process.
- Tax Concerns
Federal estate tax may apply if an estate is of significant value. In such a case, tax planning is vital. A probate lawyer with experience in tax law can help with tax planning.
Contact The Probate Guy
If you’re facing a probate, contact the dedicated California probate attorney, Robert L. Cohen – The Probate Guy – today to schedule a telephonic consultation.
Southern California Probate Lawyer Serving Orange, Riverside, Anaheim, Whittier & Beyond.
Source:
law.cornell.edu/wex/intestate_succession
