A Probate Attorney can Help Challenge a Will

Writing a will can save heirs and beneficiaries the time and resources needed to decide how the decedent's assets can be used to satisfy obligations to creditors and be distributed afterward. There are times, however, when an heir, a beneficiary, or a concerned party comes to contest the validity of a will. A probate attorney is necessary to prove a case that the will is, in fact, invalid.

There are four common reasons why a will is challenged. These are: (1) the will wasn't signed in accordance with applicable state laws, (2) the testator lacked the capacity to sign a will, (3) the testator was subject to undue influence when he signed the will, and (4) the will is a product of fraud.

In all reasons, a challenger will need a probate attorney to make and fight his case. The lawyer would file the necessary motions and pleadings with the appropriate court of law and present arguments why the will should be declared invalid. He would also need to gather evidence and witnesses to support his client's claims and create doubt about the will's integrity.

Challenging a will is a tough, but sometimes necessary, process. It can be done to actually protect the interests of the decedent and the rest of his heirs or beneficiaries. One thing is certain, though: a probate attorney is needed to do this.

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Two Ways to Work with a Probate Attorney

Estate planning is essential for people who have at least $100,000 worth of assets. This helps to avoid problems that could arise once you meet your untimely demise. Leaving a will is the most common estate planning tool, which essentially means that you leave specific instructions that must be followed upon your passing. This can include how and where you will be buried, who are your heirs and beneficiaries, and how your assets will be distributed among the heirs and beneficiaries.

Your will shall be carried out by an executor you have appointed who, in turn, can seek the help of a qualified probate attorney to fulfill your last wishes. A will's executor can work with a probate attorney in two ways: (1) full representation, and (2) hire as coach.

In full representation, an executor lets a lawyer take the responsibility of seeing that the probate process is going smoothly. The lawyer shall take charge of gathering and filing the necessary paperwork with various government agencies and the probate court in order to settle estate obligations and distribute its assets. Meanwhile, hiring a lawyer to coach would mean that your executor will personally take care of all the tasks needed to execute your will, and will only employ the services of a probate attorney when problems arise.

Seeking a lawyer to help you in estate planning will prevent problems from arising once probate starts. This will also help your executor fulfill your wishes in the smoothest way possible.

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What Can a Good, Planned Estate Do for You?

Estate planning is a tool to manage the transfer of properties to the beneficiaries in an effective way, either during lifetime or upon death. A lot of financially-conscious individuals are saying that planning needs to be done as soon as possible. Preferably, one should consult with a qualified estate planning attorney to tailor specific estate plans that meet personal goals and needs. But what can a good and planned estate do?

1. Reduce or eliminate potential estate tax
2. Make effective property transfers (during life and death)
3. Make health care decisions in cases of incapacity
4. Avoid probate
5. Make sure that properties are passed to the right beneficiaries
6. Make sure that a responsible and trusted adult or adults will take care of children
7. Give gifts to charity
8. Give clear instructions to loved ones and beneficiaries

Estate planning attorneys can help people draft documents needed to properly plan their estate. This can start from making an inventory of your assets, writing a schedule for debt payments and the listing of beneficiaries. Lawyers will provide you with support in writing wills, creating trusts, and even a medical power of attorney.

The task of estate planning is hard but it can become easier if one takes the time to understand what needs to be done or if one consults an attorney. One thing is for sure: putting the time and effort to create a good and planned estate brings a lot of benefits.

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A Brighter Future with an Estate Planning Attorney

Life is indeed full of uncertainties; you may be strong and healthy today and fighting for your life tomorrow. If you have a wife and kids who depend on you, you would surely want to leave them financially stable and secure, in the event the inevitable comes. Leaving them with your properties and the rest of your estate without too much headache on their part is another factor to consider, and hiring an estate planning attorney is the key to making things easy.

Having an estate lawyer on your side helps you cover all the complications that may arise, which are experienced by people who fail to plan accordingly. An estate plan will help you and your family avoid certain tax liabilities, as well as court proceedings that are altogether unnecessary. Moreover, you will be able to pass on your assets and inheritance to your family while avoiding unwanted bickering with other relatives.

A qualified estate lawyer can help you achieve your short term and long term goals concerning your estate and ensure that all will be well, and everything will end up the way you intended them to be. Finding one should never be a question, it is all just a matter of picking the best one capable of understanding your situation.

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