Nearly 55% of Americans die without an estate plan or will in place. Are you in charge of someone’s estate or planning your own? Do you understand estate law? Have you considered how a probate lawyer or estate attorney could help? They certainly make planning your estate much easier and can prevent problems.

You do not have to hire a probate lawyer, but it is in your best interest to hire legal counsel since the process of probate can become quite difficult. The process of probate includes distributing the assets and property of a deceased person. A probate lawyer will also make sure that debts are paid and settled. Once this has happened, probate lawyers confirm each beneficiary and heir get what is rightfully theirs. This is typically due to instructions left in a will.

Other Matters a Probate Lawyer Can Assist You with Include:

• Transferring Other Assets
• Transferring Real Estate
• Collecting Life Insurance Policy Proceeds
• Preparing and Filing Legal Documents per Probate Court
• Resolving Issues with Income Taxes, Estate Tax Returns, and Federal Estate Tax

What Is Considered to Be an Asset?

Any and all assets are subject to probate. When someone dies, everything that they owned becomes an “asset”. All property, money, as well as material possessions, require to be divided per what is stated in a will. It is important to note that there are two types of assets. Not every asset is considered to be equal. Certain assets passing directly to a beneficiary or heir will not go through probate. Those assets include:

• Pension, Retirement, or 401k Accounts
• Co-Owned Real Estate with a Survivor
• Life Insurance Policy Proceeds
• Any Assets Held in Trust
• Assets Classified as “Payable-Upon-Death”

There are also certain assets in a will that must be allocated through probate. This typically happens when the deceased is the sole owner of real estate and if they have money in any personal bank accounts. The same is true for autos as well as personal possessions. Jewelry tends to fall in this category.

Why Should You Use a Probate Lawyer?

Navigating through probate is not easy. There are many probate procedures and rules that all differ by state. Are you an executor or involved in the probate process for a loved one? You should speak to an attorney with probate experience. If you are in the process of planning your estate to help ease the probate process, an estate lawyer will work closely with you to make the process of probate easier on family and loved ones.

Houston Texas Probate Lawyers Keep Conflict at Bay

A probate lawyer simply helps to prevent family conflict. A lawyer keeps the probate process tidy since family members tend to want to be part of the process. This only adds to the confusion and conflict. If they are not allowed to be part of the process, they may believe you are trying to hide something. However, the more people involved, the more trying and difficult the process can become.

Tensions tend to rise, which is especially true when an agreement cannot be reached. Lawyers make potential conflicts vanish and offer clarity to family members with questions. It reduces any chances of someone accusing another of not handling the estate properly. Obtaining a lawyer can also prevent claims from being filed against the estate and prevent rejection, as well.

Probate Can Be Difficult, But It Does Not Have to Be

Hire a probate attorney to handle the probate process. They will work diligently for you and your family. Get started today by scheduling an appointment to obtain legal services. Probate lawyers are here to assist you in any manner they can. Learn more about how your legal probate needs can be met.