A probate attorney plays a key role in the legal process of settling an estate after a person passes away. Whether the individual left a will, created an estate plan, or died intestate without indicating their wishes, an estate probate attorney is integral to identifying and distributing assets to beneficiaries. Unfortunately, probate is not always straightforward, and you may need the help of a McKinney probate attorney throughout the process.
When Do I Need to Hire a Probate Attorney?
Probate will usually proceed without the need for litigation. In these cases, a probate attorney will help carry out some of the tasks associated with settling an estate. Some of these tasks include the following.
- Identifying all assets
- Settling outstanding debts
- Filing necessary court documents
- Determining tax requirements
- Distributing assets to beneficiaries
There are, however, occasions when a beneficiary will take issue with the executor or administrator of the will. Individuals may also wish to contest a will, and beneficiaries may need to defend themselves from a third party claim. A probate attorney can investigate and represent you throughout this litigation process.
Common Reasons to Appoint a Probate Attorney
- Lack of estate accounts – When estate administrators are taking an excessive amount of time providing accounts, it may be necessary to initiate probate litigation.
- Problems accessing the will – An estate planning attorney helps create a will, but there are occasions when executors don’t provide a copy to beneficiaries.
- Misappropriation of estate funds – A probate attorney can help if an administrator or executor is using funds from the estate inappropriately.
- Undue influence – The deceased person may have experienced diminished mental capacity prior to death, and could have been influenced to change their will.
- Contesting a will – If a will contains errors or was adjusted to include an unnatural party, family members can proceed with probate litigation.
- Fraud claims – The deceased party may have been misled into signing a document they believed contained different information, or their signature may have been forged.
What Outcomes Can a Probate Attorney Achieve?
The outcome of probate litigation will vary depending on the nature of the complaint. In the event of mismanagement by an administrator or executor, the aim may be to replace that individual. And in cases where the administrator has reduced the value of the estate, litigation may aim to secure damages.
Before probate litigation can begin, your probate attorney will be able to advise you whether or not you have a viable case. By working with an experienced probate litigation law firm like Lucé Law, PC, you will receive guidance on your rights and dedicated representation through the litigation process.
McKinney-Based Probate Attorney Providing Litigation Services
Lucé Law, PC provides probate litigation services in McKinney and across North Texas. If you need an experienced probate attorney to advise and represent you, don’t hesitate to contact us. For assistance, call (972) 632-1300 or request a free legal consultation today.
