What Is A Probate Attorney Midland TX?

By Arline Bradley

The processing of a deceased estate involves several issues. Probate is the procedure where the will of a deceased person is executed legally. It includes the assessment of the estate's assets and the settlement of creditors and relevant taxes. To fulfill these requirements, it may be necessary to appoint a probate attorney Midland TX.

In cases where the deceased had suffered a terminal illness, the legal requirements may have been sorted beforehand and a probate could become a very simple process. However, in the event of an unexpected death, the estate may become slightly more difficult to finalize. This is especially so if the person died without a legal will.

If a simple will is at hand, the process becomes very easy. This applies if there is a single beneficiary, common assets, such as a house, life insurance policies and bank accounts are listed. In this case it may not be necessary for the appointment of an attorney. The one factor to bear in mind is that there are estate and duties issues that have to be handled and this may make the process too complicated for a layperson to settle.

The lawyer has to be prepared to handle several issues. He should have the knowledge to minimize the taxes due by the estate. This ensures that the beneficiaries receive the bulk of the estate, rather than it being paid to the government. The attorney needs to handle the transfer of the deceased's real estate title.

In the event that a minor child is left an orphan, the lawyer needs to handle any problems with guardianship. There are issues, such as dealing with creditors and possible insolvency that needs to be settled.

If the will is contested, it creates bigger problems. This can happen if a person, such as a former spouse and children, has a financial interest in the estate. If a spouse or a child is excluded from the will or they have not been treated as well as other beneficiaries, they have the legal right to contest the will. There are often instances where bequeaths have been made to non-profit organizations in the will. In this case, family members may opt to contest the will.

There are instances where a probate lawyer has been names as the executor of the estate. This implies that the lawyer will take charge of the physical distribution of assets. The attorney will be paid a fee for this service. The fee may be a stipulated amount or it may be calculated as a percentage of the estate's value.

Most people do not want a constant reminder of their mortality and choose not to draft a will. The complexities involved in settling an estate without a will and the problems it could cause beneficiaries, should prompt everyone to draft a will. You can use a probate attorney to aid in this process. This will ensure that your will is legally binding. You will receive information and advice regarding the best way in which to draft the will and details on how it will be handled upon your death.

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