Wed. Sep 28th, 2022

Our old folks would always say that you cannot take your wealth and everything you own when you die which is indeed a reality because we are going to leave this world empty-handed. That’s why when we have a lot of properties and are left without a will, then our family needs a probate attorney in Walnut Creek CA to help in sorting this out because everybody would want to get their share. Without legal aid, taking his part could be a mess so the wealth must be divided fair and square among the relatives.

Sometimes, inheritance is even the source of gaps because there would always be family members who would fight about their rights to have certain properties so it would be great if we have a lawyer to fix the issue. In this way, misunderstanding or any possible issues could be prevented since some would like to have more, especially when he is the eldest or closest to the person who passed away. Anyway, when there is a legal testament, you won’t surely question it so all you need is to accept what was given to you.

It would be great if there is always a will signed by the owner and was notarized by an attorney because dividing wealth won’t be a problem at all but not everybody prepares this in advance. Luckily, we have probate lawyers in Walnut Creek that you can trust, and they would be very glad to assist us with our legal needs. If you need legal services, then make sure that he is an expert in probate law to make sure that you’ll get the job done well because the process won’t be easy, especially without the deceased person’s testament.

Probate Attorneys

They are sometimes referred to as estate lawyers who provide legal services to clients so that they can achieve their part as a representative, executor, or administrator of the estate all through the entire process. This is not only about reading the will which we usually watch in movies when it is time to distribute the wealth according to the state law or written testament of the deceased. You should know that settling the unpaid debts of this person is also included in the process so don’t be surprised if this happens to you.

By the way, they are somewhat different from estate planners even if they are in the same field. Keep in mind that estate planning lawyers usually deal with the client while they are still alive. So they make the draft of the written testament, work on the trust funds, power of attorney, and eldercare plans, then help in reducing the inheritance tax as well – check out https://www.quora.com/Whats-the-difference-between-a-probate-attorney-and-an-estate-planning-attorney for further reading.

Though a probate lawyer can also do the estate planning tasks. And then, they handle the estate administration process when their client dies. Most of all, he can execute or administer the estate when there is no designatory.

The Role

He could be hired for legal guidance so you can visit his law firm in Walnut Creek CA or call for consultation purposes. Some of them are offering inclusive legal services for various situations.

Some of these include finding a decedent’s bank account or properties, managing his checkbook, identifying or collecting his life insurance claims, and securing the appraisal of his assets. Aside from that, the attorney can take charge of preparing his income or estate tax returns, determining the validity of unsettled debts as well as advising on the payments, and filing the required documents to the court.

These are just a few of the many things that a probate lawyer does for clients. They could be hired by an individual or corporate clients, especially the owners of big companies.

Do you need to hire a Probate Lawyer?

You may or may not hire one and this will depend on your case, though it would be better to have one, especially when the decedent left a huge sum or when you have problems with the inheritance. Anyway, I suggest you consult one in Walnut Creek to find out if you will need their services.

If you think that distributing the assets could create a problem just like when there is no written testament, then you will surely hire one to resolve any issues. Sometimes the family members don’t get along so dividing the properties would bring more distance. Let’s say that there is money left but it’s not sufficient to repay the debts, then a piece of legal advice is required to assist you on how this could be paid.

When There Is a Will

If the decedent had a valid and signed testament finalized before he passed away, then it would be great to hire a probate lawyer to assist the administrator with the process based on the terms of the decedent. They usually call this consultative role.

Let’s assume that the beneficiaries doubt the validity of the written testament, then this calls for litigation. When someone challenges this legal document, an attorney is needed to clear the issue. Though most of the time, there is no problem along the way.

Without A Will

When there is no written testament, it means that the decedent is intestate – read this to learn more. This situation needs legal services because the inheritance law must be incorporated to conclude who is going to inherit the assets of the decedent. Automatically, the court would be looking at the closest or nearest relative, such as husband or wife, children, siblings, or grandchildren and usually depending on the intestate laws of California.

Take note that the estate administrator and probate attorney are certainly going to distribute the assets based on intestacy law. This would be irrespective of what was mentioned by the decedent when he was still alive. It does not even matter even when one family member needs more money than the other members because there is a law to be followed.

By the way, if a family member wants to be the administrator, he must file for renunciation. And then, the lawyer will be assisting him in the filing and processing.

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