Situations Where You Need A Probate Lawyer
A family member listed you in his or her will as personal representative, and the thought of administering the estate in probate court scares you. You have the right to refuse your appointment as personal representative, but if you do this, you will be leaving your deceased family member in the lurch, especially if the testator did not also list a successor personal representative. There is another option besides trying to wade through the mire of probate on your own, on the one hand, and walking away from your deceased family member’s final request, on the other. Every interested person in a probate case, including but not limited to the personal representative of the decedent’s estate, has the right to hire an attorney to represent him or her in probate court. If a recently deceased relative’s will says that you are the personal representative of the estate, but you feel overwhelmed by the prospect of navigating probate, contact an Orlando probate lawyer.
The Decedent Had Pending Legal Cases, and the Estate Has Inherited Them
Many estates settle successfully when the personal representative represents himself or herself without hiring a lawyer. If there are complex legal issues, though, this probably means that a lot of money is at stake and that the estate will stay open for a long time before it settles. One of the situations where you need a lawyer is if the testator was a party in a lawsuit, and the case was still pending when the testator died. When this happens, the estate replaces the decedent as a party in the lawsuit, and the estate cannot settle until the pre-existing case resolves. If the decedent was a plaintiff, the estate receives the money on the decedent’s behalf, and if the decedent was a defendant, the estate pays the settlement amount to the plaintiff.
Someone Is Challenging the Will
Challenges to the will are stressful for everyone. You are more likely to get a fair outcome to the challenge if you hire a lawyer to represent you. This is true whether you are the personal representative of the estate or the one contesting the validity of the will.
The Probate Case Exceeds Your Tolerance for Paperwork
Even if your know-it-all siblings and your know-it-all spouse think the probate case seems simple, the decision about hiring a probate lawyer belongs to you alone. If your day job involves managing a small business or working in the accounting or billing office of a large company, probate will probably be similar to what you do at work, except that emotions will run higher, because it is also about death and family. If you have never had to be responsible for so many financial pickles at one time, though, hiring a lawyer is worthwhile and will make the probate process faster and less stressful.
Contact Gierach and Gierach About Probate for Conflict-Averse People
A probate lawyer can help you settle the estate of a recently deceased family member. Contact Gierach and Gierach, P.A. in Orlando, Florida to discuss your case.
Source:
metlife.com/stories/legal/probate-lawyer/
