When you lose a loved one, you don’t wish to do anything else but mourn their loss. This is a time to connect with friends and family. However, if the deceased has left you in charge of handling their estate, then you probably have a probate process to deal with. Ask any Grand Rapids probate lawyer and they’ll tell you the same thing… probate is a frustrating process.
You have to navigate a very complicated court system, adhere to complex guidelines, get a federal tax identification number, manage funds, secure probate funds, etc. All of these matters can add up and become a burden on you during what is supposed to be a time of mourning.
Thankfully, there are seasoned Michigan probate lawyer out there who could shoulder this responsibility at your behest.
In this article, we will explore what the probate process entails, why people aren’t fond of it, and why working with a probate lawyer is your only best option.
What is Probate?
Probate is essentially a legal process through which an estate and matters related to it are administered or settled under the supervision of the court. A typical probate entails proving the validity of a will, settling any debts associated with an estate, and making sure whatever assets remain are distributed to the beneficiaries fairly.
As we mentioned before, Probate is a complicated process that many folks wish to avoid. Here are just a few reasons that make probate such a frustrating experience.
1. Time-Consuming
This is perhaps the biggest concern people have with probate. Even though the court procedures have been simplified in recent years, the fact of the matter is that probate still remains a time-consuming process. Depending on the size or value of an estate, a probate process could take roughly 6 to 8 months to conclude.
2. Complexity
The probate process isn’t something a layman can endure on their own. There’s a lot of paperwork associated with the process. The process could become even more complicated and lengthy if there are family disputes. For instance, if a family member brings into question the validity of a will, you could be staring at a probate process that could go on for years.
3. Concerns over Privacy
Probate is a very public process. All paperwork and documentation related to your probate will become a part of public records. As such, anyone will have access to these documents. Things you’d wish stayed within the family could become the talk of the town.
This could put an estate plan and will be under more scrutiny from distant relatives who should have nothing to do with the deceased’s estate in the first place.
4. Costly
Besides being time-consuming, a probate process can cost you a lot of money. You have to pay your lawyers, then there are court fees, appraisal fees, newspaper publication fees, and other expenses that may add up further down the line. The probate process could cost beneficiaries anywhere around $5000 – $10000 or more.
All of these components combined make probate a process everyone would like to avoid. It is time-consuming, complex, and costs a ton of money… putting a family in a very stressful position.
However, with proper financial guidance from seasoned Grand Rapids probate lawyers, you can expect to navigate this process without a hassle.
What Probate Lawyers Do
Probate lawyers are specialists when it comes to estate planning and the probate process. They play a significant role in making the probate process more bearable than it usually is. A good attorney, for instance, will help you create a comprehensive estate plan. You can count on them to draft robust wills, set up trusts, and delegate beneficiaries that would eventually inherit your assets.
They’ll handle every minute detail associated with the probate process at your behest. They’ll file the paperwork, value your assets, notify creditors, and distribute assets to your beneficiaries when it is time.
If a dispute related to the will does arise, these lawyers can help contest it.
They play a prominent role when it comes to probate litigation. You can rely on their expertise and insight to advocate for your rights and interests in the court.
These lawyers can handle all types of estate litigations. They will be by your side in situations where there is a claim against your estate, a dispute among beneficiaries, or someone has challenged the appointment of a personal representative.
Benefits of Probate Lawyers
Below are just a few things that probate lawyers can help you with
1. Tax Planning
Probate lawyers can help you save a lot of money on estate taxes. They can help you with the distribution of assets in a manner that helps your beneficiaries reap tax benefits. They could help you set up trusts, take advantage of tax credits, and gifts… all in a bid to help you save money.
2. Succession Planning
If you own a business and wish to ensure it is passed on to your rightful heirs after your death, probate lawyers could help you with succession planning. By creating trusts or indulging in buy-sell agreements, probate lawyers can help with the smooth transition of your business assets upon your passing.
3. Quick Resolution
Probate lawyers know how a typical probate process is supposed to play out. They’ll use their expertise and insight on the matter to expedite the process. Simply put, you can avoid the long-drawn-out probate process with a good lawyer by your side.
4. No Errors
During a probate process, mistakes can be costly. These mistakes could prolong the process and end up costing you a boatload of money. A lawyer, on the other hand, will ensure each task is executed accurately. If there are errors, they will take responsibility and rectify them before any harm can be caused.
5. Little to No Disputes
Many estate cases end up in court because of a variety of reasons. A lawyer will help you avoid these disputes by creating a valid estate plan that complies with state laws and holds up in court. If there are estate litigations, you can count on a lawyer to represent you in court and advocate for your interests.
Conclusion
Navigating certain estate matters isn’t something any layman can do. It requires a thorough understanding of probate laws. This is where probate lawyers come into play. These professionals know what it takes to make the process less tedious and complex than it usually is. With them by your side, you can hope to avoid all possible pitfalls that come with a probate process.
If probate is a concern for you like it is for many, we suggest you call The Law Offices of Sean Patrick Cox right away. We are the first name that pops up when you Google – “probate lawyers near me with free consultation.”
So, call now to learn how we can help you with your estate.
The Law Offices of Sean Patrick Cox is a lawyer. Sean practices in two main areas, family law, and elder law. he has represented clients in complex divorce cases since 1994.