3 Instances When Legal Representation Is Necessary During Probate
The probate process should proceed without any hitches and conclude within the deadlines set by the court. During this time, the judge will authorize the implementation of the deceased's will and give recommendations to protect the beneficiaries' and creditors' interests. This includes approving the clearance of pending debts and the transfer of the deceased person's estate. If you are one of the heirs, it is advisable to have legal representation during this process, especially in the following instances:
The Hearing
The probate process starts with a hearing in court. At this stage, the judge will question the individual applying to be the estate's executor to determine whether they are fit to execute this role. They will also require the administrator to provide certain information demonstrating that they are the right person to take up this duty. Afterward, the administrator will take an oath before the judge can give them the right to handle the inheritance process. It is important to have your lawyer present during the hearing so that they can raise any issues you might have with the would-be executor. This will provide an opportunity for the judge to consider your concerns as they decide on the administrator's appointment.
In the Event That Disputes Arise
Disputes can delay probate, forcing you and other heirs to wait longer before receiving your inheritance. This is why you should consider hiring an attorney to assist you in resolving them so you can get your inheritance faster. Your legal advisor can help you deal with issues concerning the valuation of assets, creditors' claims, the duties of the executor, and so on. In such cases, your lawyer will work to resolve the issues through mediation. Nonetheless, if this fails, the legal practitioner will bring the matter before a judge for determination so that the probate process can proceed without hitches.
In the Estate's Distribution
You also need legal representation when the executor is distributing the estate. It will ensure that you get your rightful inheritance as indicated in the will. In addition, if the executor denies you some of the assets you are supposed to get, your lawyer will take legal action against them to ensure you get your entitled share.
If you plan to inherit assets or cash through probate, enlist the services of a probate litigation attorney to see you through the process. It is particularly essential that you enlist their services if you are in any of the situations above. Having legal representation will help ensure that you have a professional to advocate for your rights and enable you to get your rightful inheritance.
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