A Bit About Probate Law: Why You Should Hire A Lawyer Before You Pass Away

It is common to neglect hiring a probate lawyer until you are the executor of an estate. However, if the person who passed had hired one before passing, it would make your job as executor much easier. One of the best things you can do for your loved ones is to take a bit of time and make sure you have specific arrangements for all your financial business and for your personal belongings described in a will. A probate lawyer can help set up the arrangements and see that they are followed so your family does not have to worry about such trivial things when they are dealing with losing you. Here are a few things your attorney can help with.

Living Trusts

A living trust is a document that details all our assets and how you want them distributed without the need for probate. It is very similar to a will but is in effect while you are still alive. A will, on the other hand, only goes into effect after you have died and requires going to probate.

Payment of Debt

You can keep your attorney informed of any and all debt that you owe. This way your family does not have to wait as the court issues notices for any creditors to come forward. Your attorney can work with the assets to satisfy any debt you do have and then distribute anything remaining in accordance with your wishes.

Joint Tenancy

If you own real estate and want it to pass quickly to someone else upon your death, have your lawyer deed the property as a joint tenancy. This means that when you pass, your share of the property automatically passes to the other tenant without going to probate of requiring any inheritance tax.

Stop the Contestation of a Will

If you are afraid your family members will argue over your will when you name one as the executor, having an attorney can often stop the disagreements. If someone still wants to fight over a specific asset or assets, the lawyer has experience in mediating and does not have any emotional ties that can get in the way.

Even if your estate is not large, you may want to consider hiring a probate lawyer to set things up for you. You do not want to add any stress to your family, even if it is just making sure all your debts are paid. Avoiding the whole probate process is just an added benefit.

For a professional probate lawyer, contact an attorney such as David R Webb Attorney.