Why You Should Hire a Probate Lawyer to Plan Your Estate

by | May 26, 2017 | Lawyers and Law Firms

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When a person has passed away, their estate must go through probate court to be properly distributed to beneficiaries. If the property does not go through the court system, it can lead to legal consequences for the family. While each state has their own laws on how assets are distributed to beneficiaries of the deceased person, they will take into consideration a will that the individual has established to disperse the estate accordingly. A probate lawyer in Moline, IL can assist in documenting the person’s final wishes to ensure the right beneficiary inherits their estate.

Advantages of Retaining the Services of an Attorney

  • They have a vast amount of knowledge on the estate law and how the property will be distributed.
  • An attorney will know how to write the will to make sure it is legally binding and difficult for someone to contest the document.
  • A probate lawyer in Moline, IL can assist in determining how the inheritance taxes will be paid to ensure the beneficiaries will receive most their inheritance such as establishing a trust for the taxes to be paid from
  • If the property is to be sold and distributed to the heirs, they will oversee the sale of the estate until the beneficiaries are paid.
  • They can help with non-financial wishes the deceased person may have such as who will have custody of their children after they pass. An attorney can show documented proof to the court on who the individual wanted to care for their children.

Pre-Planning Can Help Reduce the Chance of a Dispute between Family Members

A will must be validated by the court before the property can be dispersed among the beneficiaries. Without a will established, you run the risk of family members arguing over who should inherit the estate. Eventually, the estate will be distributed according to the law which may not be the final wishes of the deceased person. David J. Franks Attorney at Law can help reduce this risk by providing legal documentation to the court that will be considered before anything is finalized. While a will can be contested, the court will often uphold the document once it has been found valid.