The death of a person or a family member is usually the onset of emotional turmoil. Death might result from an accident or some form of illness. In exceptional circumstances, where it is predictable or expected, one might decide to come up with a will dictating how his or her earthly possessions will be distributed. What happens when there is no will? Well, it is always up to the family members to devise a way forward on how the estate will be divided. In both instances, you should look for a probate helpline for professional help. The probate lawyer plays an oversight role during the sharing process.
Money and Possessions
Who receives what and why?
If the deceased left a will behind, the distribution process is always very simple to execute. However, there are instances when he/she might have died in debt. In this case, the cash or property must be used to settle the debts first before it is distributed.
What happens when there is no will?
In such instances, the law governs the distribution process. The probate lawyer should use the state laws and distribute the properties to the beneficiaries. Here, it is essential to note that these rules vary depending on the state.
The Distribution Process
The first step in distribution is to look at the will, If there is a will, the probate lawyer is tasked with the responsibility of ascertaining if the will is genuine or not. Moreover, he or she should identify and come up with a proof of ownership of properties owned by the deceased.
Before the distribution process, the probate lawyer should come up with comprehensive finding regarding all claims made on the estate. Debts, credit card bills and outstanding bills should be settled first. Once these claims are resolved, the distribution process can start.
The ultimate step is the distribution process. Here, the probate lawyer chosen should be well versed in this area of the law and also some possible tax advantages from this process. In this regard, the probate lawyer chosen should have considerable experience to deal with this process.
This process is not always easy for most people. There are bound to be challenged during this process. When a beneficiary feels forgotten by other beneficiaries or by the deceased, he/she has every right to argue the case before the distribution process. For instance, the deceased might have forgotten to include some of his or her children in the will. This can be challenged in court. As such, the probate lawyer might propose a solution to this problem without necessarily going to court.