Instances when hiring a probate attorney becomes unavoidable

When a person passes on, the property and other assets they leave behind are legally referred to as deceased estate. When a person dies, they might either leave behind a will in which they appoint an administrator (also known as an executor) to the estate who will deal with settling the estate. Notably, when you have been appointed an executor to a deceased person's estate, you need to be sure that you settle the estate within the confines of the law by hiring a probate attorney to assist you. While it is always advisable to hire a probate attorney all the time, there are some instances when settling an estate is not that complicated hence hiring an attorney may not be necessary. However, sometimes settling an estate may be complicated, therefore requiring the services of a probate attorney. Read on to discover when hiring a probate attorney becomes inevitable.

When the beneficiaries are in conflict

Sometimes, in as much as a person may leave behind a will on how the estate should be administered, the family members may not be happy with it. They will, therefore, oppose it, with some taking legal action against its administration. In such instances, you will need to hire a probate attorney who will protect the best interest of the estate.

When the deceased estate is in debt

A deceased estate is said to be in debt when the property and assets left behind by the deceased person cannot adequately service the debts. If you are an executor of a deceased estate, you lack the legal and technical knowledge on how to proceed. Therefore, you will need to hire a probate attorney to assist you to determine the debts that the law compels you to give priority when paying and how to go about the other debts that the estate cannot pay.

When the estate owns a business

Executing a deceased estate involving business is difficult. As an executor of the estate, you may be forced to either wind the business up or distribute the deceased person's shares in the business among the beneficiaries. Deciding the right course of action might be difficult, and therefore you will need the services of a probate attorney to assist you in making the right decision. 

When the beneficiary is a non-citizen

Sometimes, the deceased might have included in their will a foreign beneficiary. You will need the services of a deceased estate attorney to assist you in distributing their share of the deceased estate in accordance with the laws and regulations.


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