373 North L Street, Livermore, CA 94551

Dec 20, 2020

Do You Need a Probate Litigation Lawyer?

probate litigation lawyer

While you aren’t legally required to hire a probate litigation lawyer to represent you in court, probate can be a complicated process. But there are some questions to ask yourself that can help you make up your mind. Let’s do a quick review.

What is a Probate Litigation Lawyer’s Job?

If you need legal advice regarding the administration of an estate, you need a probate attorney. Keep in mind that your lawyer’s role is largely determined by whether or not your deceased loved one left behind a will. Unfortunately, settling an estate is more complicated in the absence of a will.

Further, it’s important to note that all states have their own laws, so the probate process differs depending on where you live. In simple terms, probate is the process of distributing a person’s assets once they’re gone. Some states have chosen to simplify this process if the estate’s worth falls below a specified amount.

The probate process begins once a person has died. Here are a few things a probate litigation lawyer can help you with:

  • Properly preparing and filing legal documents for probate court
  • Paying outstanding debts and settling tax issues
  • Collecting and transferring assets and property to beneficiaries, as well as any proceeds from life insurance policies
  • Reviewing the will, if there is one

Questions to Ask Yourself

Whether there’s a will or not, it helps to have an experienced probate litigation lawyer to provide sound legal advice and assistance. Here are some questions to ask yourself:

  • Is it possible to distribute the estate without probate litigation?
  • Do you need to secure property that was wrongfully taken?
  • Is there a dispute over the will?
  • Has there been a breach of fiduciary duty?
  • Can the estate’s assets cover any outstanding debts?

We Can Help

If you need a skilled probate litigation lawyer, contact Lewman Law at (925) 447-1250. Located in Livermore, CA, John Lewman, APC has been protecting families for over twenty years. Click here for business hours and directions.

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