RISMedia
  • News
  • Premier
  • Reports
  • Events
  • Power Broker
  • Newsmakers
  • More
    • Publications
    • Education
No Result
View All Result
  • Agents
  • Brokers
  • Teams
  • Marketing
  • Coaching
  • Technology
  • More
    • Headliners New
    • Luxury
    • Best Practices
    • Consumer
    • National
    • Our Editors
Join Premier
Sign In
RISMedia
  • News
  • Premier
  • Reports
  • Events
  • Power Broker
  • Newsmakers
  • More
    • Publications
    • Education
No Result
View All Result
RISMedia
No Result
View All Result

When Should You Hire a Probate Attorney?

Home CRISIS-Friendly
December 16, 2021
Reading Time: 2 mins read
When Should You Hire a Probate Attorney?

After someone dies, the individual’s estate sometimes gets settled by going through probate, a legal process. A probate attorney can make the stressful and confusing process easier for family members and for the person in the role of executor, but hiring an attorney isn’t always necessary.

Reasons to Hire a Probate Attorney
Sometimes a person dies without a will or with a will that wasn’t drafted by an attorney. If a family member believes all or part of the will isn’t legally valid, it can lead to conflict. A probate attorney can help sort things out.

The person selected to serve as executor may have little or no legal knowledge. A probate attorney can provide the executor with professional guidance.

Simmering family tensions often reach a boiling point after someone dies. A probate attorney can remain emotionally detached, provide legal guidance, help everyone stay calm and minimize conflict.

If someone makes a legal claim, family members without legal training may not know if that claim is valid or how to respond to it. A probate attorney can evaluate a claim, discuss whether it has legal merit and give advice on how to address it. 

Heirs may have questions about their inheritances or may receive inheritances that don’t meet their expectations. If heirs feel that they have been treated unfairly, that can lead to conflicts with other relatives. A probate attorney can help the parties stay civil and work things out.

When You May Not Need a Probate Attorney
If the deceased person only owned common assets, such as a house, a car and bank accounts, and had a life insurance policy and a retirement account with named beneficiaries, probate won’t be necessary. The estate won’t have to go through probate if the deceased person’s assets were held in joint tenancy, survivorship community property, tenancy by the entirety or a living trust. If the deceased owned a business or commercial real estate, however, you should consult an attorney.

Even if the estate has to go through probate, it may not be necessary to get an attorney involved. Some states have adopted the Uniform Probate Code, a set of laws designed to simplify the probate process. Other states haven’t adopted the UPC, but they have straightforward procedures. Check the laws in the deceased person’s state.

If the estate has enough money to pay off all the deceased person’s debts, the executor can take care of it. If there isn’t enough money to go around, a probate attorney can explain which debtors have priority under state law.

The vast majority of estates aren’t subject to federal estate tax, but many states have their own estate taxes. A probate attorney can answer tax-related questions.

Consult an Attorney If Necessary
Probate can be a complicated process, or it can be relatively simple. A probate attorney can provide valuable assistance, but hiring an attorney isn’t always required. 

ShareTweetShare
Paige Brown

Paige Brown

As Content Editor, Paige Brown creates, curates, edits and publishes content for RISMedia’s ACESocial platform. She also helps develop marketing materials and email campaigns, as well as online news, blogs and profiles for Real Estate magazine. Paige graduated from Central Connecticut State University with a B.A. in Journalism and Public Relations.

Related Posts

All About the Different Types of Additions
CRISIS-Friendly

All About the Different Types of Additions

May 26, 2023
How to Organize Your Home Renovation
CRISIS-Friendly

How to Organize Your Home Renovation

May 26, 2023
Designing Your Outdoor Space Like an Indoor Living Area
CRISIS-Friendly

Designing Your Outdoor Space Like an Indoor Living Area

May 26, 2023
The Most Common Cause of House Fires
CRISIS-Friendly

The Most Common Cause of House Fires

May 26, 2023
Luxury Sunroom Design Ideas
CRISIS-Friendly

Luxury Sunroom Design Ideas

May 26, 2023
Media Console Styling Ideas
CRISIS-Friendly

Media Console Styling Ideas

May 26, 2023

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Tip of the Day

Why You Should Never Outsource Customer Service or Support

When a real estate agent calls your tech company for assistance, what kind of experience will they have? Will they talk to someone your company has personally selected and coached to help agents get the most out of the product or tool? Read More

Business Tip of the Day provided by

Recent Posts

  • Flipping a House: 4 Risks to What Can Be a Profitable Endeavor
  • Thoughts on Leadership: Lessons From Bruce Lee
  • In Advocacy, REALTORS® Take the Lead

Categories

  • Spotlights
  • Best Practices
  • Advice
  • Marketing
  • Technology
  • Social Media

The Most Important Real Estate News & Events

Click below to receive the latest real estate news and events directly to your inbox.

Sign Up
By signing up, you agree to our TOS and Privacy Policy.

About Blog Our Products Our Team Contact Advertise/Sponsor Media Kit Email Whitelist Terms & Policies ACE Marketing Technologies LLC

© 2023 RISMedia. All Rights Reserved. Design by Real Estate Webmasters.

No Result
View All Result
  • Home
  • Premier
  • Reports
  • News
    • Agents
    • Brokers
    • Teams
    • Consumer
    • Marketing
    • Coaching
    • Technology
    • Headliners New
    • Luxury
    • Best Practices
    • National
    • Our Editors
  • Publications
    • Real Estate Magazine
    • Past Issues
    • Custom Covers
  • Events
    • Upcoming Events
    • Podcasts
    • Event Coverage
  • Education
    • Get Licensed
    • REALTOR® Courses
    • Continuing Education
    • Luxury Designation
    • Real Estate Tools
  • Newsmakers
    • 2023 Newsmakers
    • 2022 Newsmakers
    • 2021 Newsmakers
    • 2020 Newsmakers
    • 2019 Newsmakers
  • Power Broker
    • 2023 Power Broker
    • 2022 Power Broker
    • 2021 Power Broker
    • 2020 Power Broker
    • 2019 Power Broker
  • Join Premier
  • Sign In

© 2023 RISMedia. All Rights Reserved. Design by Real Estate Webmasters.

X