probate lawyer plays a crucial role in assisting with asset distribution and resolving debts and claims against an estate. Here is a detailed explanation of how they can help
Table of Contents
Asset Distribution
– Identifying and locating assets
A probate lawyer helps in identifying all the assets owned by the deceased, including bank accounts, real estate, investments, and personal belongings.
– Valuation of assets
They work with appraisers and experts to determine the value of the assets accurately.
– Asset protection
The lawyer ensures that the assets are protected during the probate process and distributed according to the deceased’s wishes or state laws.
– Resolving disputes
In case of disagreements or disputes among beneficiaries regarding asset distribution, the lawyer can mediate and find a fair resolution.
Resolving Debts
– Identifying and notifying creditors
The probate lawyer identifies and notifies all creditors of the deceased’s passing, ensuring that they have an opportunity to make a claim against the estate.
– Reviewing and negotiating debts
They review the validity of the debts claimed and negotiate with creditors to settle outstanding balances or negotiate reduced amounts.
– Prioritizing debts
The lawyer helps determine the priority of debts and ensures that they are paid in the correct order, following state laws and regulations.
– Protecting the estate
If the estate lacks sufficient funds to cover all debts, the lawyer can help protect the estate from being completely depleted by negotiating with creditors or exploring other legal options.
Resolving Claims Against the Estate
– Evaluating claims
The probate lawyer reviews and evaluates any claims made against the estate, such as lawsuits, outstanding taxes, or other legal disputes.
– Defending the estate
They represent the estate’s interests and defend against any unfounded or exaggerated claims, ensuring that the estate is not unjustly depleted.
– Negotiating settlements
The lawyer can negotiate settlements with claimants to resolve disputes and avoid lengthy court battles.
– Litigation
If necessary, the probate lawyer can represent the estate in court and advocate for a fair resolution.