When is the Right Time to Turn to a Probate Attorney?

Thursday, January 21, 2021, 6:00 AM | Leave Comment

Were you recently named as the executor of a will? If this is the case, you may be looking at a tangled web of legal issues.

You have a lot of responsibility on your hands. You may be facing static from several different directions.

Now may well be the time for you to turn to the assistance of a probate attorney.

When is the Right Time to Turn to a Probate Attorney?

If You Can’t Solve an Impasse

There are plenty of reasons why you should hire a Houston probate lawyer. This will be all the more true if you have no substantial legal experience to call on. There may be a massive backlog of potential legal issues that have you scratching your head. If this is the case, you need help right now.

You may already have tried to have your lawyer arbitrate with other members of the family. If this did not result in an agreement, then what you are looking at is an impasse that will require legal action to resolve. This is the perfect time for you to call on the services of a qualified probate attorney.

A probate attorney can help you gather up all of the relevant data you need to present to a court of law. They will also help you with your testimony. Finally, they will help you keep track of all of the material that makes up the case. This will help you make the most convincing argument as to why your side should prevail in the suit.

If They Are Threatening to Sue

If you have parties to the case who are threatening to sue you, you will need to take this threat seriously. A lawsuit could gum up a case’s works and make it even more complicated and contentious than it already is. It could also cause the case to drag on for months, or maybe even years, with no resolution in sight.

Legal action should always be seen as a last resort. But if you are dealing with family members who have a history of suing at the drop of a hat, you need to take action. Your best bet will be to hire a probate lawyer to try to solve the impasse before it metastasizes into a full-blown court case.

If an Asset Transfer Requires Probate

Most of the time, all executors’ core assets can be transferred without recourse to the probate process. But if yours is the one case where this seems unlikely, the time to hire a qualified probate attorney is now. This is a move that will save you time, energy, and money.

The best way to avoid having to go to probate may be to enact a living trust. You may also be able to avoid litigation by joint tenancy, the tenancy of the entirety, or survivorship community property. These are a few of the methods you can recommend to the trust creator to avoid future legal hassles.

If the Case is Relatively Straightforward

Sometimes a person will object to your handling of trust not because the case is complicated but because they simply object to its terms. This means that they will end up suing you mainly because they want to get their way, no matter what. The case itself may be a relatively straightforward one that simply needs to air out in court.

If this is the case, a probate lawyer can help you cut through the excuses being offered by the party that is suing you. In many states, the case will be covered under the terms of the Uniform Probate Code. This may enable you to circumvent any possible legal action.

The Time to Lawyer Up for Probate is Now

If none of your pre-probate measures have worked, you may have to grit your teeth and prepare for a battle in court. The best way to ensure a swift victory is to hire the services of a qualified probate attorney. This is the legal expert who can help you prepare your case and stand with you as you make your case in front of a judge.

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