Why Hire A Probate Attorney If Everything's Going Well?
People often see the probate process as a simple formality. By extension, they frequently assume that they don't need to hire a probate attorney. However, there are several reasons why various parties might want to retain the services of a probate lawyer even if everything is going well.
Answering the Court's Questions
Judges will sometimes have questions about an estate. These may be simple questions for the executor about the disposition of the estate, essentially asking how things are going. A judge could have more complicated questions, especially if they have concerns about the terms of a decedent's will.
At least initially, a judge will usually refrain from scheduling hearings over these questions. Instead, the court will likely send the questions to the relevant parties on paper. When you answer these questions, it's best to have the support of a probate attorney. They can help you interpret the questions so you can understand what the judge is getting at. Especially if you're someone with liability exposure, such as the executor, it's wise to respond to these questions with the advice of counsel.
Filing Paperwork
Even when probate is just a formality, there can still be a lot of paperwork. Notably, this is true when an estate is large or complex. Some estates are big enough that an entire team of attorneys and even accountants will help the executor track the assets, pay the debts and taxes, and then report the disposition of the estate to the court. Making sure this many people doing this much work are all on the same page is no small task, but a probate lawyer can assist you.
Raising Questions
Probate is the time to raise any questions you might have for the court, too. If you thought you were a beneficiary and found out that you weren't, for example, this is the time to mention it to a judge. The court can then examine your concerns and provide legal answers. Depending on what you think of the court's response, you may need to pursue litigation.
Someone Suing
Just because the probate process appears to be going swimmingly doesn't mean it's going to stay that way. If you're even remotely worried that someone might sue the estate or its administrators, you'd be wise to retain counsel. Bear in mind that you can keep a probate attorney on retainer while you navigate the process. Depending on the arrangements with the law firm, they may be able to refund at least part of the retainer if nothing pans out.
For more information, contact a local probate attorney.
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