vendredi 4 décembre 2015

How A Probate Attorney Midland TX Has Can Help You

By Marci Nielsen


Many times, people find themselves involved in intricate legal battles related to wills and inheritance either because the deceased did not leave a will explaining how they wished their property to be divided among their beneficiaries. While no state requires you to use a probate lawyer or make a will, it is great to be prepared for any eventualities. Here are some of the services that a probate attorney Midland TX professional offers.

To start with, you will need an estate lawyer when there are complicated tax situation related to the property. Every law abiding citizen is supposed to pay taxes, be it the regular pay as you earn, property taxes or tax from a business. In case you inherited property that is listed for not paying the needed taxes, it will be important to hire a lawyer to eliminate the possibility of having the property repossessed or other complicated legal wars with the IRS.

Legal help from the estate legal expert is crucial if the will was ambiguously worded. Any will with ambiguous phrases or wordings is not clear on the share each would-be-beneficiary will get. In case the other possible beneficiary has gone to court to prove they are the right inheritors, the battle is then beyond what you can handle, and the only available solution is hiring a competent estate lawyer.

Legal help is also needed when there are disputes in claims. Not everyone will be satisfied with the provisions of the last will. In case you feel that you could be the victim of some kind of foul play in the writing or execution of the will, hire a lawyer and have the whole process restarted. Common disputes include spouses feeling that the property that was left to another person falls under community property.

Another instance when you will need the help of a lawyer is when there is no enough money in the estate to pay debts. When there is enough money, you will not have to figure out which legitimate debts to pay first, whether it is funeral costs, final income taxes or medical bills. However, in the situation where money is not enough, it is advisable that you do not pay any bills before you are advised by a proficient lawyer. This is because state law gives some prioritize some creditors over others.

If an estate left by the deceased includes a commercial real estate, a business or any other asset that needs special ongoing handling, then legal assistance will be crucial. To manage, appraise, or sell a business listed in the will requires that you consult experts. However, if the estate includes only common assets like house, vehicles, and household goods, hiring a lawyer will be an option.

In the United States, there is a set of laws that govern inheritance and decedents estates called Uniform Probate Code or UPC. Now, if the state where the deceased lived has adopted this set of laws, then the probate process can be quite straightforward, and you may not require the help of a lawyer. But if he lived in a state that has its own set of laws without adopting UPC, you may need a lawyer to help you interpret any technical issue.

A good estate lawyer will help in getting a solution to all these problems. Getting referrals can be the great starting point when it comes to hiring a competent estate lawyer. Remember the effectiveness of a legal case is quite dependent on the lawyer you hire.




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