Hello, my name is Susan Farris and my hobby is learning about the law. I have an uncle who is an attorney and I've always looked up to him and that's why I find subjects on law very interesting. Through speaking with my uncle and doing research on my own, I've learned about all the different fields of law. Each field of law centers on its own subject and most attorneys specialize in a certain area of law. These include criminal, personal injury, family, bankruptcy, criminal, immigration and business. I find each one of these fields very interesting and I have the utmost admiration for lawyers because they help people through their legal struggles. I wanted to share this information with others who have questions about the different types of attorneys and the law.
People trying to make sense of the probate process often wonder what the odds of an issue going to probate are. No probate lawyer is going to give you an exact number for the probability of that happening, but they will tell you some of the things that can push the odds one direction or the other.
Lack of a Will
This is the most common reason for a probate court to get involved with an estate. The absence of a will, however, doesn't presuppose that you need to hire a probate lawyer. Most states have limits on how much value must be at stake. In Alabama, it's as low as $3,000, but in California, full probate is not presumed until more than $150,000 is involved.
There may be some dispute over the value of the estate, especially if a party is trying to keep things out of probate. Valuations, however, can be litigated to determine whether probate is necessary.
The Assets Are Transferable Through an Estate
Many classes of assets aren't meant to be part of an estate. For example, a bank account may or may not be in an estate, but it's best handled outside of probate if the deceased included payable-upon-death stipulation that directed the money to a specific person. In that situation, the individual named would have to present the bank with a certificate of death and proof of their own identity. Real estate held as community property in a marriage can also usually be transferred outside of an estate.
Fraud
While proving willful misrepresentations can be hard, fraud is regularly grounds for going to probate. In these situations, it's important to recognize that the process is intended to protect your rights. Be prepared to document every allegation, though.
Outstanding Debts or Tax Liabilities
It's not uncommon for debts to still be outstanding when someone passes. Creditors continue to have rights attached to these obligations, and they can pursue them. If beneficiaries wish to move forward under such circumstances, it will likely be necessary to settle the debts by either paying them off with cash or liquidating some of the assets and using the proceeds. Outstanding tax obligations also need to be settled.
All of that can happen outside of probate. If a creditor isn't satisfied with the efforts to settle the debts, however, they can request a hold on transfers and demand that a probate court litigate the matter.
To learn more, contact a probate lawyer.
Share4 December 2019
