Rogersville Probate Lawyer

Rogersville Probate Attorney 

There are many complexities concerning probate law, many of which the average person may not understand or be familiar with. Handling the estate of a loved one is not something to be taken lightly, which is one reason why having a experienced Rogersville probate lawyer from The Law Office of Brad Phillips, LLC to guide you through the process can be helpful. They can save you time and energy and provide valuable legal support during your time of grief.

Probate Defined

Most people only have to deal with settling an estate or going to probate a handful of times in their life. If you have been tasked with settling a loved one’s estate, you may have heard the term “probate” and may be wondering what it is and if it is even necessary.

Probate refers to a legal process in which a person’s estate is distributed after their death. This can involve many factors, including legally identifying and establishing their wishes in their will, resolving debts and taxes that they owed at the time of death, and distributing assets and property.

While not everyone’s estate will be required to go through the probate process, there are situations in which it cannot be avoided. In these cases, it can be helpful to have a seasoned probate lawyer by your side who can walk you through the process. Similarly, if the estate involves any criminal matters or disputes, a criminal defense lawyer can offer additional expertise to address any related legal challenges. Having both types of legal professionals can ensure a more thorough approach to handling the estate’s complexities.

The Benefits of Probate

Despite what you may have heard or read, there can be benefits that come from the probate process. Some ways that probate may be helpful include:

• Potential Heir Claims. When an heir or someone else with an interest in the estate wishes to file a claim, probate gives them a chance to do so. In some cases, an heir or someone who has been left out of the will may wish to file a claim in regard to the terms of the will.
• Invalid Creditor Claims. Sometimes, a creditor may seek to get more than they are due. In these cases, the executor of a will may be able to contest the creditors’ claims while in the process of probate. Doing so has the potential to save the beneficiaries time and money.

How Can a Lawyer Help in a Probate Case?

The process of probate can be complex and difficult to understand. The average person is not usually very familiar with this legal process. A probate lawyer has the experience and understanding that can make going through probate less stressful and more efficient. Some things a probate lawyer can help you with include:

• Handling the paperwork. One of the lengthy parts of the probate process is all of the paperwork that must be completed. A lawyer can sort through all of this, involve you in the necessary parts, and file it with the proper departments, saving you time and energy.
• Handling court communication. There are many times when the court will need to communicate with you regarding the estate and things you must do in order to settle it. Your lawyer can act as a sort of liaison who can communicate with the court to ensure all necessary steps are completed.
• Spotting any errors in paperwork. The probate process is very meticulous, meaning that everything must be completed properly. A mistake could cause the process to take longer, thereby costing more money. An experienced probate lawyer will have an eye for spotting mistakes and can help correct them before they cause an issue.

FAQs

How Can I Avoid Going to Probate in Alabama?

In some cases, it may be possible to avoid going to probate in Rogersville, Alabama. However, if the estate is worth more than a certain amount, there may be no way to avoid it. Some steps that may be taken before a person dies to help their estate not have to go through probate include creating a living trust or adding a payable-on-death designation to their bank account(s). An estate lawyer can help you in all of these matters.

What Is the Average Fee for an Executor of an Estate in Alabama?

There is no set amount that an executor of an estate in Alabama must receive. The only requirement is that the compensation must be fair. Some factors that are considered include the complexity of the administrative process, the skills necessary to perform all tasks, and the fees typically charged for similar services. The court may also consider whether accepting the executor duties will take away from the person’s other employment duties.

What Happens If You Don’t Probate a Will in Alabama?

If you don’t probate a will in Alabama, there could be several consequences, including the assets not being passed along, beneficiaries not receiving their inheritance, and the process ending up drawn out and messy. It is, therefore, recommended that the executor fulfill their duties in a timely manner to avoid unintentional complications. In Rogersville, Alabama, working with a knowledgeable probate lawyer can help ensure the process goes smoothly and in accordance with the law, preventing any unnecessary delays or issues.

Can You Live in the Deceased’s House During Probate in Alabama?

There is no clearly defined rule in Alabama regarding whether you are legally able to stay in the deceased person’s house during the probate process. The decision to this question will be made based on your particular set of circumstances. If you are the heir who will be receiving the house after probate, it may be granted that you are able to live there before you retain rights to the house.

Get Expert Help with Your Probate Case at Brad Phillips Law

Losing a loved one is difficult enough without having the burden of legally and financially taking care of the things they left behind. Seeking help is a wise choice during this time. The judge cannot advise you if you choose to navigate probate alone. Having the support of a legal professional who is well-versed in probate law is highly advised.

Reach out to The Law Office of Brad Phillips, LLC, today to learn more about how we can help you with a probate matter. We can answer any questions you may have concerning your estate or the estate of a loved one.