You should understand a bit about the process of probate in North Carolina if you are using a last will to arrange for the transfer of your monetary assets. These assets are not transferred to the heirs immediately. The process of probate must run its course before your loved ones will receive their inheritances.
Probate Process in Charlotte
The executor or personal representative conducts business on behalf of the estate. The probate court supervises the administration of the estate. During probate the court determines the validity of the last will. Challenges to the will could be presented during probate. Final taxes and other debts must be paid. Property must be identified, inventoried, and ultimately prepare for distribution to the heirs.
Legal Counsel
The executor will typically require the services of a probate attorney. Probate is a legal process, and licensed probate attorneys are familiar with the expectations of the court. Your executor may be trustworthy and capable, but he or she may not have any experience dealing with probate matters. Each situation is different, and various different legal scenarios can arise. For example, people in the family may not all see eye to eye. Someone who was disinherited could challenge the will. Short of this, disagreements regarding the true intentions of the testator could arise among those who are named in the will. Family disagreements can and do arise, but probate can present numerous different legal challenges. Because of all of the myriad legal issues that can come into play, a probate lawyer in Charlotte is definitely going to be an asset in most cases.
A Turnkey Estate Plan
When you are drawing up an estate plan, you are probably going to retain the services of an estate planning lawyer. If you choose to use a last will as your vehicle of asset transfer, your attorney will construct the will with the realities of probate in mind. Your lawyer will become familiar with your intentions and your family dynamic. You could provide a turnkey situation for your family by arranging for the same attorney or law firm to assist your family during the probate process. After your passing away, your executor can simply contact your estate planning lawyer and your attorney will be in place to assist every step of the way.
Download Our Report on Probate
This has been a brief look at probate and the role of a probate lawyer in Charlotte. If you would like to learn about probate in-depth, we have a very useful resource that you may want to access. Our firm has compiled a series of free special reports on various different estate planning and elder law topics. One of the reports puts the process of probate under the microscope. To download the complementary report, click this link and follow the simple instructions: Potter Law Firm Probate Report.
John’s practice focuses on the use of Wills and Living Trusts in Estate Planning to help individuals protect their families and preserve their legacies after their deaths, but his practice also focuses on the critical issues of protecting individuals with dementia or other diminished capacity, assisting individuals in qualifying for Medicaid and other government benefits to offset the costs of long-term care, and providing special needs planning.
John is admitted to practice law in North Carolina, South Carolina, Kentucky, and Ohio, and he is accredited by the Department of Veterans Affairs.
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