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When To Consider Hiring A Probate Lawyer

September 18, 2024

probate lawyer Maryville, TN

Probate

Losing a loved one is never easy, and the process of handling their estate can add stress during an already emotional time. While some families can manage the probate process without legal assistance, there are several situations where hiring a Maryville, TN probate lawyer can make things easier and more efficient. Below are a few scenarios in which you may want to consider seeking legal support to handle the probate process for your family.

The Estate Is Large Or Complicated

If your loved one left behind a sizable estate or had a variety of assets such as real estate, stocks, or business interests, probate can quickly become overwhelming. Dealing with these types of assets involves more legal steps, and having a probate lawyer can be helpful in managing the paperwork and legal procedures that come with them. An experienced attorney can also assist with distributing assets properly and in accordance with the law.

In large or complex estates, disputes among beneficiaries can also arise more easily. Having legal representation can help resolve these conflicts in a timely manner. Attorneys like those at Carpenter & Lewis PLLC can attest that it’s beneficial to have a lawyer to prevent or address disagreements when estates involve multiple heirs.

There Is No Will Or The Will Is Unclear

If a person passes away without leaving a valid will, the probate process can be more complicated. In these cases, the court determines how the assets should be divided according to state law, which can lead to disagreements among family members. If this happens, hiring a probate lawyer can help make sure everything is handled fairly and according to legal standards. A lawyer can also assist in making sure that all family members understand their rights and obligations during the process.

Similarly, if there is a will but it’s vague or difficult to interpret, a lawyer can provide clarity and help avoid disputes. This can be especially helpful if family members have differing interpretations of how the assets should be divided.

There Are Debts Or Unpaid Taxes

If the estate includes debts or unpaid taxes, handling them without legal assistance can be challenging. Creditors will need to be paid before the beneficiaries can receive their inheritances, and there may be complex tax requirements to address. A probate lawyer can help sort out which debts are legitimate, how much is owed, and what needs to be paid before the estate is fully settled.

Probate lawyers can also offer advice on how to handle specific tax issues that may arise during probate, such as estate taxes, inheritance taxes, and income taxes for the deceased. Dealing with taxes incorrectly can result in penalties or delays in settling the estate, so it’s important to get this part right.

You Are Unfamiliar With The Probate Process

If you’re unfamiliar with how probate works, hiring a lawyer can help you avoid costly mistakes. There are specific legal steps that need to be followed, and failing to meet deadlines or submit the right paperwork can slow down the process or result in financial penalties. A probate lawyer can guide you through the necessary steps and help you make informed decisions.

Even in less complex estates, having legal support can provide peace of mind that everything is being handled properly and according to the law. This can ease the burden on you and your family during a difficult time.