Administering an estate after a family member dies is known as probate. While you are not required to hire a probate attorney, it may be a good idea for you and your loved ones, who may be entitled to receive an inheritance. It can be a challenging and overwhelming process.
When someone passes away, and you believe you may be due an inheritance, consider if you may come across any of the following situations:
Disputes or Probate Litigation
The personal representative may prefer a lawyer to handle any disputes or litigation that can come up with probate. If there’s an unequal distribution of assets in a will, children disagreeing, accusations of fraud or undue influence, or any other issues, having a lawyer defend the personal representative’s actions can be very helpful. Relying on a lawyer can relieve a lot of stress from the representative and all involved.
Complex Assets or Businesses
For a complex estate, having a probate lawyer is a good idea—the more complex the assets, the more reason to get a lawyer involved. Tax or legal implications often come with business and complex asset distributions, so entrust that with a lawyer if you’re unaware of the ramifications.
Large Estate
The current federal estate tax only affects a small percentage of estates. In the future, that could change if the exemption amount reduces. A probate lawyer may be beneficial for distributing larger estates but also bring knowledge about financial and tax implications when dividing up assets of any estate.
Out-of-State Executor
Living in Ohio is not required to be named a personal representative of an Ohio estate in a will. However, managing an Ohio estate out of state may prove difficult for an executor. Hiring a probate attorney to manage the estate in your place can make it easier on you and ensure proper handling of assets.
Estate Debts
You may find that an estate has a lot of debt or even more debt than assets. What would you need a lawyer for in that case? Well, you need to figure out which debts take precedence over the others or the priority of debts. Debts with higher priority must be paid first. If a high-priority debt is overlooked and a lower-priority debt is paid first, the executor may be liable to pay the creditor who went unpaid for that higher-priority debt. Delegating that responsibility to someone qualified and experienced may save you headaches and out-of-pocket expenses.
Find out what a probate attorney can do for you and your inheritance. The Akron and Cuyahoga Falls Hoover Kaycon, LLC Attorneys at Law are here to answer your questions and help you through the process. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.
The law firm of Hoover Kacyon, LLC has one overarching goal — to fight for your cause, protect your interests, provide reasonable and prompt resolutions to your matter, and to do it all with professionalism and honor.
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