There are several reasons for which we need to go to probate court. Some of the reasons may be making our claim on the deceased's assets or to prove that we are a legal beneficiary. If any one of the following applies to you or to the deceased, then you need to consult a probate attorney. You may head to http://www.lawbh.com/, if you want to hire estate attorney that can help you in estate planning.
1) Probate court is necessary if the will is deemed invalid for one of these reasons:
Improper Execution: If it wasn't written clearly or it was not a legal will, then there is a need to have probate.
Mental Incompetence – If the deceased is not mentally competent when he or she made up the will so their decisions are questioned.
Undue Influence – If the deceased was under duress when he or she wrote up the will, then he/whe may require a probate.
2) Probate is required if the deceased didn't have a Last Will and Testament. If there is no will, then there has to be a legal and equitable probate court process for distributing the deceased assets and for transferring the title of probate property. The only way to do this is with probate.
3) Probate is required if the assets were owned solely by the deceased. If there were no other owners or designates of the property or asset, then in most cases the property will have to be probated to get it out of the deceased's name and into the beneficiary's name.
4) Probate is required if the assets were owned as a Tenant in Common or Joint Tenancy.
The job of finding an attorney to help you build a solid estate plan seems to be a daunting task. But if you have a pre-plan you are able to find a selection of highly qualified candidates for your consideration. There are several tips that you can take into consideration if you are in search of a good estate planning attorney. Tips are as follows:
1) Keep in touch with your family members, your friends, and your coworkers and try to take suggestions from them about the attorney you should hire for estate planning. Don't limit yourself to just the local or close by referrals. Your needs can be handled over the Internet or by phone. If you want to have more knowledge about elderly laws, you can call us at (805) 576-7693.
2) Keep in touch with the person who handles your taxes. While many people do not have a financial adviser, should you have one you would definitely want to check for a recommendation? Financial advisers are knowledgeable in many areas and sometimes add estate planning to their business card. In this situation, it is important for you to find a specialist.
3) Give your income tax preparer a call and ask him about the referral. Often real estate attorneys work with tax preparers in regard to trusts and estate income taxes. This provides you additional opportunities to gain valuable insights and add it to your search for a qualified and experienced estate planning attorney.
4) Ask for referrals from a real estate attorney. During the process of purchases and sales of real estate in addition to business or home sales, real estate attorneys will often find themselves working with an estate planning attorney.