Problems With Wills Can Need a Probate Lawyer

LEGAL – No one want to think about dying but sorting out your affairs while you are alive can save a whole lot of problems later. We hope you find this article useful advice.

The Problems with Wills That May Lead to Needing a Probate Lawyer

You might think that when someone has a will created, everything is organized, done and complete. However, after their passing, and depending on the specifics of their will (and the situation surrounding it), a probate dispute may arise later. At which point, it may be necessary to hire a legal expert who has specific experience dealing with probate matters.

In this article, we cover a few of the types of problems that may lead to requiring assistance from a probate lawyer.

Dealing with Trusts

There are different types of trusts where assets are held. This can protect assets in a variety of ways, but it also means that the planned disposal of assets will be less simple or quick to complete.

Trusts are not something that everyone is knowledgeable about. There is also more than one kind too. As a result, it’s not something that a layperson can understand easily. For these reasons, it makes sense to hire a probate lawyer to explain what the trust means and to represent your interests, where appropriate.

Rights of Inheritance

The situation with your rights of inheritance varies depending on your connection to someone who has passed away. If their will has been recently updated to include you, it might have created a situation where someone else objects to the probate and wishes to litigate a will because they feel they’re losing out.

In a situation where there’s a will but a dispute has arisen over rights of inheritance, it’s important to have someone in your corner who can explain what is going on. They will be able to cover who should be the beneficiaries of the final will and how someone else might successfully dispute it.

Guardianship

Guardianship may relate to a probate when it revolves around issues of the management of property interests. It’s occasionally possible that a guardian may represent someone’s interests in a probate situation too.

The subject of guardianship is complicated enough, but when it overlaps with probate, it may become a court matter. This could be the case when there’s a surviving child and both parents are deceased. Also, there could be issues both in terms of legal guardianship of the child and what to do about the assets of their parents too.

These types of situations absolutely require the assistance of a probate attorney, and preferably one who’s had some prior experience with guardianship-related cases.

Surviving Spouses and Homestead Rights

A surviving spouse living in the home (either jointly owned with the deceased or owned solely by the diseased) may end up dealing with the issue of surviving spouse rights. This can quickly become a complicated and sometimes contentious issue if there are multiple people making various claims as to rights for the estate, including the home.

There’s also the separate issue of homestead rights where there are debts to settle on behalf of the deceased out of the value of the estate but some parties wish to exempt property, like a family home, from certain creditors.

Ultimately, if you know someone who’s recently deceased and you’re in some way connected to the will or probate proceedings, then it’s usually sensible to seek legal representation.

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