When Do You Need an Attorney for Probate?
There is no requirement that you have an attorney for the probate process, but it would certainly make sense for your family under many circumstances. If your estate is complex, or if there are any gray areas, you would want an attorney. The executor may need advice about how to fulfill their role. They may have difficulty with a particular family member or want to know how they can fulfill their fiduciary duty to the estate. If the estate does not qualify for simplified procedures, you should certainly consider hiring an attorney.
You would certainly need an attorney if there are any disagreements that could lead to a lawsuit. Family members could disagree over the will itself, with one possibly claiming that the will itself is invalid for one of a number of reasons. Creditors may have a dispute with the estate if the executor denies the claim or does not pay it in full.
Hiring an attorney can be an investment that you make for your family’s peace of mind. Probate can be a difficult and stressful process, but it does not have to be. Even if your estate is not complex, retaining an attorney can keep everything proceeding along its course. Your attorney can help demystify an opaque process and ensure that all the paperwork is done correctly. They could also help you head off and resolve any possible disputes before they could head to litigation. Losing a loved one is difficult enough. You do not want a difficult process that can take its toll on you when you want to distribute the assets or execute the deceased person’s instructions.
Contact a Boca Raton Estate Planning Attorney
The attorneys at Rubino Findley work with families to devise and execute a comprehensive estate plan. To learn more about how we can help, send us a message online or call us today at 561.220.0741.