When a will is declared valid and accurate, and a deceased person’s belongings are distributed, this process is known as probate. If you’ve been appointed as an estate administrator, one of your first priorities should be hiring a lawyer experienced in probate law.
As the executor or administrator of the deceased person’s estate, you will be given control of the assets and be responsible for distributing them to the intended beneficiaries as listed in the will. While this may sound straightforward, many issues can arise, especially if you don’t have a probate lawyer in Edmonton to advise and assist you.
Here are 8 problems you may encounter if you decide not to hire a probate lawyer:
1. Family conflict
Family conflicts often arise when a probate lawyer isn’t on hand to guide the executor through the process of probate, especially when those associated with the deceased wish to be a part of the process.
But when others who aren’t lawyers or estate executors do get involved, it isn’t uncommon for anger and confusion to be caused for other family members or heirs named in the will.
2. Lengthy probate processing
Only when a deceased person’s estate has been probated does the will’s executor gain access to the estate, and this can be a lengthy process, often taking more than a year to complete. Having guidance from a probate lawyer, however, can expedite the process.
3. Rejection by the court
Several legal documents must be correctly completed before being submitted to the court during the probate process, and any errors made could lead to rejection. Working with a probate lawyer can ensure that all documents are correct, and reduce the risk of rejection.
4. Failure to identify potential financial problems
Will executors must take full responsibility for debts outstanding and all additional expenses necessary for the completion of the probate process. This is something that can be incredibly confusing and troubling to handle without the legal guidance of a probate lawyer.
5. Incorrect handling of finances
Once any unpaid loans, etc., have been identified, they must be dealt with, and if you don’t seek legal counsel from a probate lawyer, you run the risk of either overpaying or underpaying. There are a whole host of potential pitfalls when dealing with a deceased person’s finances that guidance from a lawyer can help you avoid.
6. Probate lawsuits
It’s not uncommon for family members and loved ones to dispute a deceased person’s will, and this can result in a family probate lawsuit, something you want to avoid. Fortunately, working with a probate lawyer can reduce the chances of this happening and going to court.
7. Lack of support
Being an estate executor is such a huge responsibility and can take its toll on an individual. With so much to do and oversee, it can become overwhelming. With a probate lawyer to offer you their wisdom, experience, and support, you can make the whole process a lot easier to manage and cope with.
8. Delays
Should a will not have been validated, for example, the bank of the deceased person may deny the executor access, which can cause significant delays to the process. But, with a probate lawyer to contact banks and other third parties on your behalf, you can prevent substantial delays from happening.
Will probate in Alberta may not be something you enjoy dealing with, but as an appointed executor of a deceased person’s estate, it is unavoidable. You can simplify the process of probate and take much of the stress out of it by hiring a local probate lawyer to be by your side and guide you seamlessly through every stage.
