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What to Know About Hiring a Probate Lawyer

Sep 22, 2023

Establishing the estate of a loved one who's passed can be a challenging task, as many people aren't knowledgeable about the best steps to take. If you're feeling confused or overwhelmed by the estate responsibilities, you might need the help of a probate lawyer. According to AC Adviser, 50% of Americans who have a basic will in place incorrectly believe that the will protects them from any type of probate court involvement once they pass away. The truth is that there can be a myriad of consequences that can complicate the direction of an estate. Let's look at a few instances in which it would be wise to hire a probate lawyer for assistance.


The Deceased Person's Assets Cannot Be Transferred Without Probate

This is the first step you'll need to determine. In some cases, if the will is highly detailed and a great deal of probate avoidance was done before their passing, you might be able to avoid probate altogether. However, this is usually rare. Most people will make up a basic will and hope that it covers everything. There are actually a lot of steps that go into proper asset organization and probate prevention. You would need to have a lawyer at least look over the will to inform you if anything will need probate attention.


The Estate Qualifies for Small Estate Procedures

Most states offer small estate procedures. This means that even though the estate will need some probate involvement it can be kept to a minimum and can be simplified. Small estate refers to the overall value of the estate when all assets are combined. Even if it qualifies for small procedures, you'll still need the help of a probate attorney.


The Family's Fighting Over Assets

If the family's fighting over assets, your job can get very complicated quickly. A probate lawyer can be very helpful in assisting with clarification to get the family members on the same page. If they continue to be difficult, the attorney can also inform people of how to follow lawful procedures.


If you're in need of a probate lawyer, please contact Schmidt & Schmidt S.C. today. We're glad to assist you with your legal needs and ensure your loved one's assets are properly distributed.

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