Losing a loved one is never easy, and the legal complexities that follow can add stress to an already difficult time. You may have heard the term “probate” mentioned by family members or friends, but what exactly does it mean? And when do you need a probate lawyer to help navigate this process?
A probate lawyer is a legal professional who specializes in guiding families through the court-supervised process of settling a deceased person’s estate. They handle everything from validating wills to distributing assets, ensuring that your loved one’s final wishes are honored while protecting your family’s interests.
When Is Probate Necessary?
Not every estate requires probate. However, probate is generally necessary when:
- The deceased person owned property solely in their name without transfer-on-death designations or trusts
- Estate assets are not held in a trust or jointly with rights of survivorship
- Beneficiaries are not clearly named on accounts or legal documents
- There are disputes among family members or heirs regarding the estate
- Transfer on Death Deed beneficiaries are disagreeing about what to do with property
- A named beneficiary has already passed away
- An heir cannot be found
What Does a Probate Lawyer Do?
A probate lawyer specializes in estate administration and litigation, guiding executors through legal processes like filing court documents, managing assets, and resolving debts. They also handle disputes among family members, manage tax matters, and oversee asset distribution to beneficiaries.
While some simple estates can be handled without legal assistance, hiring a probate lawyer is often beneficial in these situations:
Complex Estate Assets
If the estate includes multiple properties, business interests, investments, or valuable collections, a probate lawyer can help ensure everything is properly valued and handled according to legal requirements.
Family Disputes
When beneficiaries disagree about the will’s validity, asset distribution, or the executor’s actions, a probate lawyer can help resolve these conflicts while protecting everyone’s interests.
Missing or Unclear Documentation
If the will is difficult to locate, appears to have been altered, or contains unclear language, legal expertise is essential to determine the deceased person’s true intentions.
Creditor Issues
When the estate faces significant debt or complex creditor claims, a probate lawyer can help prioritize payments and protect the estate from invalid claims.
Tax Complications
Large estates or those with complex tax situations benefit from professional legal guidance to ensure compliance with federal and state tax laws.
Out-of-State Property
If the deceased owned property in multiple states, the probate process becomes more complex and typically requires legal assistance.
How Bloom Legal Advisors Can Help
At Bloom Legal Advisors, we understand that dealing with probate can be overwhelming. Our experienced team provides comprehensive probate and estate planning services to help families through this difficult time.
Our Probate Services
We guide clients through every step of the probate process, from filing the initial petition to closing the estate. Our team handles all court filings, communicates with creditors, and ensures that assets are distributed according to your loved one’s wishes.
Avoiding Probate Through Estate Planning
While we’re here to help when probate is necessary, we also believe in the power of proactive planning. Our Kansas City estate planning attorneys work with clients to create comprehensive estate plans that can minimize or eliminate the need for probate altogether.
Click Here to Learn More About our Estate Planning Services
Non-Probate Transfer Options
One of the most effective ways to avoid probate is through non-probate transfers. These legal tools allow your property to transfer directly to your beneficiaries without court involvement:
Revocable Living Trusts: A trust owns your assets during your lifetime and distributes them according to your wishes after death, all while avoiding probate.
Joint Tenancy: Property owned jointly with rights of survivorship automatically passes to the surviving owner.
Beneficiary Designations: Retirement accounts, life insurance policies, and bank accounts with named beneficiaries transfer directly to those individuals.
Transfer on Death Deeds: These allow real estate to transfer outside of probate while giving you complete control during your lifetime.
Payable on Death Designations: Bank accounts and vehicles can be set up to transfer automatically to named beneficiaries.
Click Here to Learn More About Non-Probate Transfers
Making the Right Choice for Your Family
The decision to hire a probate lawyer depends on your specific situation. Simple estates with clear documentation and no disputes may be manageable without legal assistance. However, if you’re dealing with complex assets, family disagreements, or legal uncertainties, professional guidance is invaluable.
At Bloom Legal Advisors, we offer free consultations to help you understand your options and determine the best path forward for your family’s unique circumstances. Our experienced team is ready to help you understand your options and develop a plan that protects your family’s interests. We offer personalized service and practical solutions tailored to your specific needs.
Contact us today to schedule your free consultation and take the first step toward resolving your probate matters or creating a comprehensive estate plan that serves your family’s best interests.
