The Potter Law Firm provides help to clients in North Carolina and Kentucky with all legal matters related to probate. Whether you are interested in avoiding probate or in navigating the probate process after a loved one’s death, our firm is here to help you.
Probate can be a complicated process, although it is a common one that occurs after most deaths. The Potter Law Firm understands what is involved in probate and can represent executors, heirs or beneficiaries, and those who want to contest a will. Whatever your situation, our experienced attorneys can help you to navigate the legal system and make it work for you.
To find out more about the ways in which a probate attorney can assist you with avoiding probate or going through the probate process, give us a call at (704) 944-3245 or (606) 324-5516. We can provide personalized advice, as well as answers to questions you may have including:
- What is probate and is it always necessary?
- Who should get help during the probate process?
- How can a probate lawyer provide help with probate?
What is Probate and is it Always Necessary?
The probate process is a formal legal process which is often necessary after a person has passed away. The process is intended to provide an orderly means of winding up the affairs of the estate. It provides a chance for creditors to make claims; for taxes to be assessed when appropriate; for beneficiaries to be notified of their inheritance; and for assets to transfer formally to new owners.
Unfortunately, according to Investopedia probate can cost an average of three to seven percent of the value of an estate, or more. Probate also takes time, imposing significant hardship on heirs who may need their inheritance if the deceased was a family breadwinner.
Probate can sometimes be avoided on small estates, depending upon the laws where the deceased owned property, as well as the type of property owned. A simplified procedure may be permitted under certain circumstances, but this method of avoiding probate is usually restricted to very limited situations where there are few assets.
Those who are engaged in estate planning can also find other ways to avoid probate so their families don’t have to face the costs and hassle. A probate attorney can provide assistance in using tools ranging from trusts to pay on death accounts to inter vivos gifts that can allow individuals and families to essentially opt out of the probate process.
Who Should Get Help During the Probate Process?
If your loved one has passed away and probate is now necessary, getting appropriate legal assistance from an experienced attorney can be necessary to protect an inheritance and to ensure the wishes of the deceased are respected.
A person who has been named as an executor of a will is usually in great need of legal help, as executors have a lot of responsibility when it comes to making sure a will is probated. It is the executor who has to file paperwork with the court, handle estate accounting and tax issues, provide required notifications, manage assets, and do so much more. The Potter Law Firm can provide representation to executors to ensure they fulfill the legal duty imposed by law upon them.
Others involved in probate may also wish to get advice from our legal team.
There is often a lot of money at stake during the probate process, not to mention the legacy of the deceased. Those who are involved owe it to themselves and to their loved ones who have passed away to have a knowledgeable legal advocate on their side.
How Can a Probate Lawyer Help with Probate?
A probate lawyer can provide invaluable assistance to those who wish to avoid the probate process or to those who are going through it. The Potter Law Firm knows the laws of probate inside and out and provides representation on all probate matters to clients in both Kentucky and North Carolina.
To find out more about the different ways in which our legal team can help you to navigate state laws on the probate process, give us a call at (704) 944-3245, (606) 324-5516 or (859) 372-6655. You can also contact us online to speak with a member of our legal team.
