When Do I Need a Probate Lawyer?

Probate refers to court processes through which matters pertaining to estates are settled. Depending on the nature of the assets, such cases can be lengthy, drawn-out, and fraught with complex terminologies. While it is true that certain cases can be handled without relying on legal assistance, not everyone is capable or willing to represent themselves in court especially if assets worth hundreds of thousands or even more are on the line.

In this blog, we’ll discuss situations where it is highly recommended to hire the services of a probate lawyer.

Conflicts within the family

Conflicts and disputes between heirs regarding probate issues are an unfortunate reality. Such proceedings may create rifts between family members that are never resolved. Part of a probate lawyer’s job description is to prevent such situations from happening and keep family relations intact.

For example, previously unknown descendants of the deceased could provide proof that the deceased had remarried and demand their share of the property. Or one of the heirs could end up demanding more than their stated share. In such scenarios, hiring a lawyer beforehand could help diffuse heated situations that may lead to expensive court battles.

Preparing Documentation

Certain cases require the formation of legal documents like disclaimers and deeds to execute the will of the deceased or ensure proper inheritance takes place between all legal heirs.

For instance, let’s assume that two brothers inherited a family-owned garage and one of the brothers wishes to sell his share to the other. A probate lawyer could help with drafting the sales agreement and other contracts needed to guarantee business continuity.

Matters pertaining to business-related assets may prove too complex to be handled by the concerned parties further highlighting the importance of experienced attorneys.

Litigation

Situations may arise that take matters to court. Examples include heirs resorting to litigation or ambiguous estate documents that require a judge’s interpretation. For such situations, the concerned parties will need a lawyer to represent them in court. That’s not all—additional situations like creditors demanding debt repayments from the property left behind by the deceased is also a real possibility.

Probate issues can turn nasty or complex in the blink of an eye. The Law Offices of Ron Marquez houses experienced probate lawyers in Chico, CA that provide clients with legal protection.

Contact us today for more information.

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