Monday 30 November 2015

When To Seek The Services Of A Probate Attorney Midland TX Has

By Marci Nielsen


There have always been legal battles when it comes to dividing property among beneficiaries, especially if the deceased did not leave a written will. While there are instances when you can probate without the help of a lawyer, in most cases, you will need the services of a legal expert to help you be prepared for eventualities in the future. Below are instances when the services of a probate attorney Midland TX has come in handy.

In the country, every citizen is required by the law to faithfully pay all kinds of tax, from pay as you earn to business tax to property tax. Any property that is not paid taxes for is subject to be repossessed, or you can end up having intricate battles with the IRS. So, if you inherited property listed for not paying taxes, you will need an attorney to help you protect your asset.

Estate legal assistance is also needed when there are ambiguities in the wording of the will. Another thing that causes legal issues in the process of getting property divided to would be beneficiaries is ambiguities in the wording of the will. If there is no clear definition of who is supposed to get what, and the other possible beneficiary to the property has decided to move to court to seek clarification, you should consider getting a probate lawyer too.

Legal assistance is important in case the claims are disputed. It is obvious that not everybody would be content with the provisions included in the last will. If you suspect that you became a victim of a shoddy play when the will was being written or executed, hire an experienced probate attorney to assess the situation and demand that the process be restarted. A good example of a disputed claim is when couples feel that the estate that someone else claims was left to them is a community property.

Another instance when you will need the help of a lawyer is when there is no enough money in the estate to pay debts. When there is enough money, you will not have to figure out which legitimate debts to pay first, whether it is funeral costs, final income taxes or medical bills. However, in the situation where money is not enough, it is advisable that you do not pay any bills before you are advised by a proficient lawyer. This is because state law gives some prioritize some creditors over others.

Where the deceased left a business or any other asset that requires ongoing management, you will need a lawyer to assist you with the legal part of business management or appraisal. Where the will left includes only common assets, no legal assistance is needed.

It is advisable to look for legal assistance if the deceased lived in a state that has not adopted Uniform Probate Code. UPC is a set of laws that governs how assets are distributed to the beneficiaries. States that have adopted UPC have quite a straightforward process; and if that is your case, then you may not need any assistance from a lawyer.

The success of a probate process is, to a greater extent, determined by how competent your lawyer is. So, it is wise to look for an experienced attorney in your area. And to ask for referrals from friends and family members can be a great starting point in your journey of seeking for a competent lawyer.




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