The legal process of managing a deceased person’s estate is governed by probate law, which makes sure that their belongings are divided in accordance with their wishes or, in the absence of a will, with state regulations. It usually entails a probate court overseeing the process of verifying the will, paying off outstanding debts and taxes, and allocating the remaining assets to the beneficiaries. Everything in a senior’s will should be decided before they die and many seniors need to work with attorneys sooner rather than later to make things go easier for them after they pass away. Many seniors do not like thinking about this part of life but it is so crucial to consider, especially if they have wishes for the family and heirs. Here are some things a senior should know if they are trying to understand what probate law is.
Everything is Public Record
Probate proceedings are typically a matter of public record, meaning details about the estate and its distribution can be accessed by anyone. This lack of privacy can be a concern for some families. However, when a senior is working with the right attorney most things cannot be challenged if it is all planned according to a senior’s wishes. Even people who know what is happening online may not be able to stop anything from happening as long as the senior takes the right precautions before death and has all of their assets protected through their estate planning.
There is Always Court Supervision
During the probate process, a judge supervises the estate’s management to make sure that assets are distributed, debts are paid, and taxes are paid in accordance with the law or the terms of the will. If a senior does not have a will this is when things can become very complicated during the process. When a senior passes away without a will or working with a lawyer on their estate plans this means their estate is administered through intestate probate, in which the court allocates assets in accordance with state intestacy statutes rather than the intentions of the deceased. If you are a senior and you have certain expectations they need to be written in a legally binding document.
The First Step in Court is to Validate the Will
Many seniors want to try to write their will on their own but this is when mistakes can happen. It may not be worded right and people can fight the will or it may not be legally binding, you may miss information, or anything in between. This is a huge problem and it can cause a holdup for families trying to get their inheritance from you. Verifying the deceased’s will is one of the initial procedures in the probate process. The estate may be divided in accordance with state intestacy rules in the event that a will is challenged or found to be invalid. A senior should be working with an attorney who has experience writing wills and ensuring they are valid and can stand up in court. This will save the family a ton of stress in the end.
If you or a loved one need assistance with Probate Law in Homewood, AL, contact The Alabama Elder Care Law Firm, LLC today at (205) 390-0101