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Probate Courts Settle Disputes over Assets

On Behalf of | May 2, 2012 | Probate Law

Dealing with the death of a loved one is difficult enough without the prospect of having to handle all that comes afterwards.

In addition to making funeral arrangements, family members are also faced with tasks that include distributing the assets of the deceased.

Depending on the amount of assets in question, this is not always a complicated or painstaking process. Legal supervision might not be required for this task if the deceased did not possess many assets or if the co-owners of joint accounts are clearly delineated. In cases such as these, families will often divide up the deceased’s personal belongings amongst themselves.

When Probate Court Becomes Necessary

However, if the deceased had real estate, stocks, bonds or other property, which was still titled in their name, probate court will be necessary. Assuming the deceased made out a Last Will and Testament, assigning an executor and designating beneficiaries, the probate court will oversee the distribution of their assets.

The Role of an Attorney

During the initial process of drafting a Will, it is wise to hire an attorney to supervise the process. Aside from preparing and filing out all the required s and forms to be filed with the probate court, well-versed in the areas of wills and trusts and probate proceedings will advise and assist the executor throughout the process.

It is an unfortunate reality that families will sometimes fight over inheritances or the distribution of assets. However, a good probate lawyer can add clarity to the situation and help settle any disputes.

Don’t allow the probate process to cause a divide between siblings or other family members. Hire a good probate lawyer to handle the matter and explain the process to everyone, so no misunderstandings arise.

The importance of finding an attorney that can guide you through the process of asset distribution after the passing of a loved one cannot be overstated.