What Issues Might Appear During Probate And How Are They Solved?
When a loved one dies, there will be a process called probate, during which their will is authenticated and then assets are distributed. Sometimes this process goes smoothly, and other times, there are bumps in the road. If you have a good probate lawyer on your side, however, those bumps will just be minor inconveniences. Here is a look at some issues that often arise during probate and how a lawyer from a probate law service will work to address them.
Assets can't be located.
One of the first things your probate lawyer will do is make sure they can locate all of the assets the deceased mentions in the will. This will include physical property, bank accounts, other investments, and the like. Sometimes, there might be an asset they can't immediately find. If this happens, your lawyer can access certain public records to find the assets. They can conduct a lien search to find real estate holdings, contact other relatives who might know about bank accounts, and so forth.
The executor is not interested in doing their job.
Wills are supposed to name someone as the executor of the estate. This person is responsible for dividing and distributing the assets. If the probate lawyer contacts them and they are uninterested in working as the executor, then this is a bump along the road. However, your lawyer knows who else is legally allowed to be next in line as executor, and they can ask them to do this job. If all else fails, the lawyer can act as executor.
Creditors make claims against the estate that seem unsubstantiated.
Usually, during the probate processes, creditors will be paid out so that the remaining assets can then be distributed between those named in the will. If the lawyer feels that a creditor making a claim against the estate is asking for more money than they are due, the lawyer will have to formally contest that claim. If the creditor cannot produce adequate proof of the money owed, the funds won't be given to them.
Someone contests the will.
If a relative or friend contests the will, then the lawyer will have to prove its authenticity. This is usually pretty straightforward. If the will is properly notarized and there are no more recent, updated copies, it will be determined to be official. On the other hand, if the person who contests the will produces a newer version, your lawyer will have to examine that copy and determine if it is, indeed, the official one.
The probate process can be a bit challenging, but with a good lawyer on your side, you will get through it.