After a loved one passes away, it is common for family members to find themselves in heated disputes over the distribution of assets. The probate process is very stressful and can take a long time. However, you can receive guidance through the probate process by consulting with an attorney.
Why Probate Is Necessary
Probate is a legal process determining how the state distributes assets when an individual passes away. The will of the deceased usually governs probate. However, when there is no will or the will is ambiguous, members of your family might choose litigation as a way to change the outcome.
There is nothing wrong with choosing to go to court if you believe you have been mistreated. However, litigation is a slow process. You are more likely to succeed if you work with an experienced probate attorney.
How to Begin the Probate Process
To begin the process, you will need to take stock of the inventory of the deceased. Then, head to a probate attorney licensed to practice in the state in which you reside. They will review your current situation to determine if you have a valid claim.
Why You Might Wish to Dispute the Will
If there is no will, you might disagree with the distribution of assets. You should explain why you are concerned to your attorney. The only way to know if the assets are distributed fairly is to have the property appraised. It's easier to tell whether you are entitled to a more significant estate if you have appraised the property.
Another complication is that your family will have to pay bills and taxes associated with the estate. When the deceased leaves property to a family member, such as real estate, you might receive a smaller inheritance because your inheritance involved more liquid assets that had to be used to pay debts.
Probate Is a Better Option Than Arguing With Your Family
Arguing with family members outside of court about inheritance is pointless. It will drag on for years while creating familial conflict. However, probate litigation is still very challenging and can take months to be resolved.
Therefore, you must work with an attorney who will help you manage the process by filling out all necessary paperwork and meeting deadlines for filings. Because the courts will handle the process, the ultimate decision will be out of the hands of your family members, and you may receive the inheritance you deserve.
Contact a local probate administration service to learn more.