There’s nothing easy about the probate process. It’s complex, challenging, and can lead to conflict. Everyone who’s gone through it is just happy that it’s finally over by the end. All this is on top of the grief, melancholy, and other emotions that come with losing a loved one. In many ways, the probate process brings a feeling of finality to the passing of someone that can be as hard as the initial realization that they’re gone.

In such a raw time, your family can benefit from working with someone who has both a depth of knowledge and experience with the probate process. Importantly, you also want to work with someone who is familiar with the spectrum of emotions that grieving loved ones experience at these times. The right probate lawyer can help your family work through the process, keeping it from piling stress onto an already miserable circumstance.

What to Look for in a Probate Lawyer

There’s no objective measure for what makes the ideal probate lawyer. You will want to find a probate lawyer who fits your situation and who you feel comfortable with, both personally and in terms of trusting their competency. More than anything else, you will have to use your instincts and look for some characteristics that are beneficial to the probate process, including:

• Knowledgeable – The probate process is not something that many lawyers deal with regularly, so you can benefit from working with a lawyer who has made that aspect of the law one of the central parts of their practice.
• Experienced – Learning by doing is critical for a good lawyer in all aspects of the law, particularly in the probate process. There are so many unique probate circumstances that can arise, so it’s good to have a lawyer who has experience with a wide variety of situations and can call on that experience.
• Detail-Driven – Attention to detail is critical to managing the probate process well, and you will want a lawyer who has a natural eye for the little details that are crucial to properly proceeding through the process.
• Trustworthy – Perhaps most importantly, you want to work with a lawyer who you trust to manage the process well. You want someone who you can count on to handle the estate, and the emotional state of the family, through the process.

FAQs

Q: What Does a Probate Lawyer Do?

A: A probate lawyer can help make a difficult time easier. A death in the family is never easy on the loved ones who are left behind. The legal process of dealing with an estate can often add to the challenges. A probate lawyer is someone who is familiar with the law as it relates to estates, wills, trusts, and probate court. When you work with a lawyer, they can help smooth over what could otherwise be a bumpy process. They can help with a variety of issues, such as:

• Probate administration
• Estate inventory
• Contested wills
• Beneficiary rights
• Estate planning
• Estate distribution
• Debts and taxes
• Estate litigation
• Guardianships and conservatorships

Q: What Could Lead to Probate Litigation?

A: Probate litigation can be a painful process for a grieving family to manage. Sadly, though, there are times when there is disagreement among the survivors about how the estate should be managed and whether the will should be considered legitimate. This is especially true when the will has changed in significant or unexpected ways in the years leading up to the passing of the deceased. Some of the things that might be argued in litigation include:

• Someone fraudulently influenced a change in the will.
• A caregiver or particular family member used undue influence to have the will changed in their favor.
• The deceased lacked the capacity and wasn’t of “sound mind” when they last changed their will.
• Someone may challenge the validity of the will.
• Sometimes, there are challenges to who has been named executor of the will, especially when that person is also an heir.

Q: What Are the Steps of Probate?

A: Probate is a very particular process for the management of a person’s estate after their passing. There is an ordered process that is meant to be followed so that debts and assets are prioritized and distributed in the proper manner. Those steps include:

• Determine that probate is necessary, as the value of the estate is greater than $166,250.
• Place in newspapers a public notice of the proceedings.
• Name an executor of the will or assign an administrator.
• That person takes control of the assets.
• Outstanding debts and liabilities are paid first.
• Some assets may be sold, with court approval, to cover the costs.
• Applicable taxes are paid.
• The remainder of the estate is distributed according to the will.
• An accounting is given to the court, and the estate is closed out.

Q: Can Probate Be Avoided?

A: There are many reasons why people may prefer to avoid the probate process if possible:

• It’s more likely to produce disputes compared with some alternatives.
• It creates unnecessary costs.
• It is a part of the public record, meaning that anyone can see what was distributed to heirs.

To avoid probate requires preparation and planning on the front end. The most thorough means of protecting assets from the probate process is a living trust.

Let Us Help You Through the Probate Process

The probate process is an important, but ultimately difficult, task for families to go through. In some ways, it really solidifies the fact that their loved one is gone. It’s an emotional process, sometimes with intense feelings towards other heirs, that can be hard to work through in that sense. At the same time, it can be legally complex as well, especially when there is conflict and disagreement regarding how an inheritance is being distributed.

It can benefit everyone involved to work with someone who knows the process, understands what to expect, and can foresee potential problems based on their experiences. When you work with Sweeney Probate Law, you benefit from the experience that comes from years of working with families through probate and the management of estates. Contact us today to discuss your case.