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.

Tuesday, October 3, 2017

Probate and Estate Lawyer: Why You Should Hire

Probate and Estate is a legal process to prove that a certain will is genuine and validated as a last testament of the decedent to orderly administer and distribute the deceased person’s estate.

What is a probate and estate lawyer?


Probate lawyers appoint and represent personal representatives and beneficiaries of the decedent’s estate. They help probate administrators handle and plan the estate process which include drafting of wills or living trusts, or serve as an executor or administrator.

Hiring a Probate Lawyer with and without a will drafted by the decedent...


The probate process will run smoothly when a will created by the decedent is presented. However, the court will first confirm the legitimacy of the will. Here comes the duty of a probate lawyer, because he/she will make sure that every statement written in the will is followed without bias and unlawful acts. A lawyer generally enlightens you and the executor of the estate regarding legal matters and will lead the way of what to do next to attain the best outcome you desire.


What if there’s no last will and testament of the decedent because of a sudden death? Anyhow, all the assets are still distributed following the intestacy laws of the state where the property is located, regardless of the wishes of surviving family members. A probate and estate lawyer annapolis md can still help you ensure that the estate administrator is executing the process accordingly.

You should hire a probate and estate lawyer to:


Locate and secure probate and nonprobate assets


Submit a detailed statement of the debts and assets of your estate


Obtain the date of death values and appraisals of all of the decedent's property


Prepare and file all documents necessary in the probate court


Release public notice of the probate process for any entity with a potential claim may file with the court


Keep track of the estate checking account


Advise and make arrangements to pay all outstanding debts of the estate


Determine if any estate taxes are due at the federal and state levels, then perform necessary actions to settle the matter


Address issues regarding the filing and payment of all estate taxes


Distribute all remaining assets, according to the provisions of the will


Resolve conflicts among Personal Representatives and beneficiaries


Retitle estate of the decedent into the ownership of the beneficiaries


Further Help from a probate lawyer…


Before a decedent’s death, getting a lawyer will save your surviving family from complications by the time your estate is subjected to undergo legal process. Because he/she will help you create your last will and testament, will assist with trust planning, powers of attorney and asset protection.

Probate and estate can be sometimes confusing and complex, that’s why you seriously need an experienced lawyer. A lawyer will stand with you from the beginning of the legal process until the end, making sure to execute your case lawfully.

Wise & Donahue PLC
410-280-2023
18 West Street Annapolis, MD 21401

Wednesday, June 7, 2017