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.