When someone in your family dies and leaves behind property, money, or other assets, those things have to be legally passed on to the people who are supposed to get them. This whole process is called probate.
Probate is the legal way to settle someone’s estate after they pass away. That includes paying off any debts they still owe and making sure their remaining assets go to the right people. Even though you’re not legally required to hire a probate or inheritance attorney, having one can make the process much smoother and more accurate, especially if the situation gets complicated.
Sometimes there are arguments between family members; other times, the will is confusing or doesn’t exist at all. There can also be problems with taxes, debts, and paperwork. If any of that happens, having an experienced attorney to resolve inheritance disputes can help take the pressure off and make sure everything is done correctly and fairly.
Here are particular instances where an inheritance lawyer’s services can be invaluable:
When Family Members Disagree or File Legal Disputes
One of the most common reasons people hire inheritance attorneys is because of family disagreements. If someone feels like they were left out of a will unfairly, or if siblings argue over who gets what, things can get stressful fast.
These arguments can turn into full probate litigation. If someone accuses another person of influencing the person who made the will, or if there’s a claim that the will isn’t valid for some reason, the situation can get complicated quickly.
The person in charge of the estate called the executor or personal representative, might be the one who gets stuck in the middle of all this. If people are unhappy with how they’re doing their job, they might get blamed or even taken to court.
When the Estate Includes Complex Assets or a Business
Not every estate is just about dividing up a savings account or selling a house. Sometimes, the person who passed away owned complicated assets.
That could include business interests, investment portfolios, rental properties, or assets held in different states or countries. These types of assets come with tax rules and legal procedures that the average person doesn’t know how to handle.
A lawyer can handle all the matters that arise and make sure everything is done in a way that follows the law and protects the value of the estate.
When the Estate is Large or Could Be Affected by Tax Laws
Most people don’t have to worry about federal estate taxes because only very large estates are taxed that way. But tax laws can change. If the amount of money or property in the estate is high, it’s smart to have a lawyer involved.
They’ll know how to prepare the estate so it meets all legal requirements while possibly reducing how much goes to taxes.
Even with smaller estates, there are still financial matters that need attention. Lawyers can help make sure everything is reported correctly and that no deadlines are missed. This keeps the estate from facing fines, extra taxes, or legal trouble later on.
When the Estate Has a Lot of Debt
Not every estate has more money than it owes. Sometimes, there’s a large amount of debt, and figuring out who gets paid first becomes a big issue.
In probate, debts don’t just disappear. The executor has to use the estate’s assets to pay off those debts before anyone else can get their inheritance.
Some debts, like taxes or certain medical bills, get paid first. Others can wait. If the executor pays the wrong debt first and doesn’t have enough left to pay a higher-priority debt, they might be held personally responsible. That means they could have to pay out of their own pocket.
A lawyer can help figure out which debts come first and make sure the right steps are followed. This protects the executor and keeps the process fair.
When There’s No Will or the Will is Unclear
If the person who passed away didn’t leave a will, then state laws decide who gets what. These laws vary by location, and figuring them out takes legal knowledge.
Even if there is a will, it might be poorly written or confusing. There could be parts that contradict each other or names that don’t match legal records.
A lawyer can interpret the legal language and figure out what the person likely meant. They can also handle any legal challenges that come up if someone tries to argue that the will isn’t valid.
This makes sure the estate is divided in a way that follows the law and respects the deceased person’s intentions as closely as possible.
When You’re a Beneficiary and Don’t Trust the Executor
If you’re someone who’s supposed to receive part of the estate, but you think the executor isn’t doing their job properly, you have the right to speak up. Maybe they’re taking too long. Maybe they’re keeping information from you. Maybe they’re making decisions that don’t seem fair.
An inheritance lawyer can step in and make sure your rights are protected. They can review the actions of the executor, file complaints with the court if needed, and help you get the share you’re legally owed. This is especially important if large amounts of money or valuable property are involved.
