Why and When You Would Need a Probate Lawyer
Why Do I Need to Hire a Probate Attorney?
If you’ve been delegated to distribute a person’s assets after their passing, or you discover they didn’t even have a Will, what should you do? What you shouldn’t do is try to navigate the probate process by yourself. Finding an experienced lawyer who specializes in probate law can help you minimize your stress and ensure that you settle the estate efficiently.
Your Attorney’s Many Duties Regarding Immediate Expenses
If you are responsible for administering the distribution of a deceased person’s (decedent’s) assets when they didn’t have a Will or trust and they had assets not held jointly with rights of survivorship, you need a probate lawyer. The probate lawyer’s first step will be to ask the probate court to appoint you as the administrator of the estate. The court will explain to you your responsibilities and levels of authority.
A probate attorney’s next critical task is to ensure your ability to pay for the living expenses of surviving dependent family members. If all the liquid assets were in the decedent’s name, you’ll need the probate court to grant you an order giving you the right to disburse funds for immediate needs. Your probate attorney can secure this order for you relatively quickly.
Your probate lawyer can also arrange for a bond if the probate court requires one. A probate bond ensures that any assets you convert into your unauthorized personal use will be paid to the estate.
More Complex Duties of a Probate Attorney
The need for a probate lawyer goes beyond the payment of immediate expenses. If the decedent owned property titled in their name only, the probate court must approve the property’s disposition. This usually happens when a probate lawyer files a petition requesting that the probate court approve the requested disposition. You also may have been granted this permission when you were appointed administrator.
Working with an inventory of all the decedent’s assets and debts, the probate lawyer will obtain the probate court order giving you the authority to take the necessary steps for liquidating all assets. This authority is crucial when the decedent owned equities that must be converted into cash.
Another important function of a probate lawyer is to file the final accounting, which details how the assets and debts were managed. This step provides valuable documentation to support you if any disputes arise. It verifies that you handled the estate properly and met all legal requirements.
Getting a Lawyer’s Help in Following Instructions in a Will
If you were appointed as executor of an estate, the probate court, acting on a lawyer’s petition, will authorize you to take the necessary steps to honor the decedent’s instructions in their Will. This is an important step because you will need a Letter of Authority, a document the probate court issues authorizing you to act in a fiduciary capacity. You may need this authorization to manage cash accounts or liquidate equities.
When the decedent dies without leaving a Will, the probate attorney will still guide you in the distribution of all assets. This distribution must follow state law, which is very specific in its terms but also complex.
Cincinnati Probate Assistance
If you’ve been delegated to settle an estate, a probate lawyer is your best protection against false accusations or other allegations of wrongful or illegal acts. If you need the services of a probate attorney in the Cincinnati area, contact Donnellon, Donnellon & Miller today at 513.891.7087. You can use our online contact form to schedule your initial consultation.