Monday, February 19, 2018

Why Should You Hire a Probate Lawyer?


No state requires you to use a lawyer to probate an estate, but probate can be complicated, and you can be personally liable if you do something wrong. One minor omission, one failure to send a copy of the petition, or a missed deadline can cause everything to come to a grinding halt. Among other problems, this kind of mistake is likely to make you unpopular with the beneficiaries.

If the estate you are working with is simple and you have clear instructions and copies of the forms you need, you may be able to go through the probate process without getting legal advice, but if complications arise you will need legal help of some kind.

A probate attorney can help you draft your will. 

While you might be tempted to use a DIY will, it makes more sense to have your Last Will and Testament drafted by a professional. That’s the best way to ensure that it does what you need, while reducing the chance that a court will declare your document invalid when you pass away.

Lawyers can help to minimize family conflict. 

Probate can be a time of great conflict in families, especially when the terms of a will are less favorable than some heirs might wish. A probate attorney can help to reduce these tensions and facilitate a smoother probate process for everyone involved in the settling of the estate.

A Lawyer can help to protect the estate against legal claim.


Legal claims against estates occur more frequently than many people realize. From creditor claims to will contests, the probate process can be a magnet for those seeking to gain advantage from the death of a testator. When you hire a probate attorney, you can gain the protection you need to ensure that the decedent’s wishes are properly respected.

Lawyers can sometimes expedite probate. 

The probate process can sometimes get bogged down in details, especially when the estate settlement is being managed by an inexperienced executor with little financial or legal knowledge. While attorneys don’t have any magic formula that can suddenly bring probate to a conclusion, they can be an invaluable aid for reducing the impact of all the many obstacles that may present themselves during the process.

Lawyers can help answer your probate questions. 

Whether you’re an executor or an heir with an interest in the process, an attorney can help to get your questions answered. The fact is that probate can be a confusing time for everyone involved, and that confusion is magnified by the raw emotion that the death of a loved one always evokes. A good attorney can help to ensure that you understand the process, and know what to expect.

An attorney can help with court filings and technical details. 

Executors have many different responsibilities to fulfill, and many of those duties include important court filings that facilitate different aspects of the process. While you can draft those documents yourself, the stress of just losing a loved one might make that task something you’d prefer to avoid. Your attorney can also help to ensure that you understand some of the finer technical points during probate, so that you don’t make needless mistakes.

Seek help from the most trusted probate and estate attorney Annapolis MD. Visit Wise & Donahue, PLC at 18 West Street, Annapolis, MD 21401 or you call 410-280-2023.