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This content is for informational purposes only and is not intended to provide legal advice.
Distribution of the estate and clearing of debts are some of the essential processes that take place when a person dies. Although it can be a complicated process, the estate must go through probate. The idea of going to court after losing a loved one is not something that many want to think of let alone attending the sessions. Often beneficiaries believe they get along, and decedent’s estates cannot divide them.
But only to discover that disagreements are inevitable, and they can come out of the woodwork. And often, they lead to a legal battle between the beneficiaries of the estate. It is important to understand how the court process work and what it expects from you before we get here.
What happens in probate?
It is not unheard of to contest the probate process, but most processes go uncontested. A significant number of contested issues that arise during probate are from a dissatisfied beneficiary. This happens when they feel that the share awarded to them is unfair and needs a large percentage.
A few arguments prone to arise when contesting are: the decedent was not in the right mental capacity at the time of signing the will, the decedent ignored the legal formalities when drafting the will, or someone threatened the decedent to give the gifts. It is essential to understand that most probate estates go uncontested. Here are a few basic processes of probating an estate:
- The executor to file for probate with the county court where the decedent lived;
- Representative to collect all probate estate of the decedent;
- Clearing all claims, debts and file taxes owed by the decedent;
- Managing and accessing all rights to dividends, income, etc.;
- The executor to settle any disputes on behalf of the decedent; and
- Dispersing of the estate to the beneficiaries
Before a person dies, they name a representative in charge of their affairs and estate. When a person dies without naming a representative, the court appoints a personal administrator to help settle the estate. It is the work of the administrator to fulfill the duties above.
It is common for individuals to leave their estate to any person they deem fit; and state their property’s designations in their will.
The court may override the decedent’s wish regarding the relationship between the state’s laws and the decedent. In most states, a spouse is entitled to a certain percentage of the decedent estates. Also, creditors determine how property is distributed if they claim a share of the estate. Creditors are given enough time by jurisdiction to present claims to the property. The size and complexity of the estate determine the amount of time the process will take.
The probate process comes at a cost, and they’re paid out of estate assets. Below are a few expenses that you will incur during probate:
- Court costs
- Attorneys’ fees; and
- Fees of the personal administrator
The probate process is seamless; despite encountering disagreements or feel cheated or victimized by other beneficiaries. Court cases and the loss of a loved one is a trying and challenging time for you. You must retain legal presentation during the probate process. For your rights to be fully honored and protected, don’t ignore the probate litigation tool during the process. To win against dishonest and unfair tactics, always seek service from an experienced attorney. Due to this volatile situation, when many estates are at stake, an attorney will protect your interests during probate.
You should not feel guilty for hiring a real estate attorney to protect your interests. This helps to protect your rights and entitlement. There have been so many cases of selfish and callous beneficiaries who take advantage to benefit illegally from an ill or sick loved one. This gives you every right to defend the decedent’s estate and protect what is rightfully yours. You can even secure the money you need upfront from lenders like Inheritance Advanced. But always put in mind that it’s best to hire a knowledgeable and experienced attorney to oversee how the assets are distributed to the beneficiaries.
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