How Can a Newton, Kansas, Probate Lawyer Assist You?
If a family member has died and you're unsure how to manage the estate, you may need to contact a probate lawyer. Probate is the legal procedure of administering an estate following the death of a loved one. When a person passes, their property is transferred from their name to someone else's name through the probate court system.
Matters can often become difficult whether there is a will or trust involved. That's why you need a probate lawyer—someone who knows all the laws and regulations involved and can work with you to resolve whatever may come up without creating any needless obstacles.
If Your Loved One Has a Will
Probate attorneys are often employed to assist administrators and beneficiaries of assets specified in a will and in completing distribution procedures by the provisions of the will. This process can be complex, especially if there is a large estate and many beneficiaries.
The beneficiaries may work with a probate lawyer to guide the administrator through the probate process according to the stipulations of the will. If there are multiple beneficiaries, the probate lawyer may have to help resolve competing claims among them. If a beneficiary believes there is an error in the will, they may hire a probate lawyer to defend them in court.
If There is No Will
When an individual dies without a will, they are said to have died "intestate." This implies that state inheritance laws dictate who inherits assets. Probate lawyers may help family members petition the court for an appointment as the estate administrator.
The lawyer may assist the administrator in acquiring and submitting any necessary affidavits that may demonstrate that other relatives are unwilling to carry on the task of administration. At this point, the probate process may begin with the assistance of the probate lawyer. The estate administrator will be responsible for gathering the deceased's assets, paying off debts and taxes, and distributing anything that remains among the legally entitled heirs.
Additional Duties of Probate Lawyers
A probate lawyer may be responsible for a variety of tasks throughout their time working with families, including:
● Creating estate-related papers such as wills, trusts, and other legal documents
● Investigating state legislation about probate proceedings and tax preparation
● Assisting with submitting required documentation to organizations such as the Social Security Administration, the Internal Revenue Service (IRS), and other agencies to begin collecting benefits from relevant programs
● Negotiating with creditors and debtors to settle estate-related obligations
Contacting a Qualified Newton, Kansas, Probate Attorney
Without the assistance of an experienced probate lawyer, the probate system may be overwhelming. The lawyers at Gillmore & Wilson, LLC are experts in handling probate proceedings. We understand the importance of carrying out your loved one's wishes and are dedicated to supporting you in doing so.
Call us at (316) 283-1550 to learn how we can help you and your family, or use our online contact form to send a message and set up a consultation.
We serve Newton, Hesston, Sedgwick, Halstead, Peabody, and the surrounding Kansas communities.