The Importance of Working With a Probate Attorney.
Arlington, TX Attorney Lin Morrisett’s primary practice includes Wills, Trusts, Probate, Estate Planning, Guardianships, and related Real Estate issues. Having served as a Judge in probate court for 13 years, Lin offers his clients extensive knowledge and experience in his practice areas, as well as in courtroom procedures.
What is Probate?
Probate is the process in which a court oversees the administration of a deceased person’s valid Will, or determines who receives their property if the decedent failed to leave a valid Will. An executor or personal representative of the estate is appointed by the court to distribute assets of the descendant’s estate and handle any debts of the estate. In most cases, the executor/personal representative carries these duties out without further supervision of the probate court but must have the assistance of an attorney as a matter of law.
Why Should You Work With a Probate Attorney?
Working with a Probate Attorney is important because somebody has to decide which is the proper Will that is being probated. Or, if there is no will then it will be decided who should inherit. If it’s decided by whoever gets to the house first and cleans it out, then that’s not fair to the other members of the family.
Perhaps you have special gifts that you want to give to certain people, or you have certain people that should get more or less for some reason, you need to document that in a Will. If they die without a will then the state decides who gets what. Very often, it’s not the way you would personally have it. If there is a will and there is not a contest to that will, objections that the person was incompetent at the time they did, that they were unduly influenced, then we will step in and litigate that issue.
Not probating a will when a loved one dies can have unforeseen consequences. Find out more information about the importance of creating a will here. Please contact the Probate Attorneys at Harris Cook for an evaluation of your specific situation.