Probate attorneys do the important job of guiding clients through the probate process after a death. When a person passes away, the probate process is used to determine if the deceased’s will is valid and to transfer assets to heirs. Property is valued, a determination is made as to what taxes are owed, and the process of transferring property to its new owners is facilitated.
The probate process can be complicated and probate attorneys should be consulted for guidance and assistance by those involved in playing a vital role within this process. Parman & Easterday has extensive experience guiding clients through the probate process in both Kansas and Oklahoma. Whatever your role is in protecting your inheritance and ensuring the wishes of the deceased are carried out, our attorneys are here to provide the help you need.
Three Kinds of People Who Need Probate Attorneys
Anyone involved with the estate of a person who has passed away can benefit from having a probate lawyer represent their interests and protect their rights. There are three kinds of people who can benefit from having probate attorneys represent them:
- An executor. The person who creates a will, called a testator or testatrix, names an executor or personal representative. If a personal representative is not named or if a named personal representative does not wish to accept this role, the court will appoint one. The personal representative has many important jobs including filing paperwork with the court, notifying creditors and beneficiaries about the death, getting property valued, and facilitating the transfer of the deceased’s assets to those entitled to inherit. The personal representative has a legal duty to ensure the probate process goes smoothly. This can be a tremendous amount of responsibility for someone grieving the loss of a family member. Personal representatives can benefit from hiring probate attorneys to explain their duties, to complete court paperwork and filings for them, and to guide them through the entire process.
- Heirs and beneficiaries. Whether the deceased died intestate or had a will, those who stand to inherit may benefit from having a probate lawyer look out for their interests. An attorney can help ensure the probate process is moving forward swiftly, the will is interpreted correctly, and property is valued fairly so heirs receive fair value when assets are distributed. There may be decisions to be made regarding whether property should be sold or how property should be managed during and after the probate process. A probate attorney can advise heirs and beneficiaries on these important issues to protect their inheritances. If a will is challenged, a probate attorney can ensure that beneficiaries can fight for the money and property the deceased meant for them to have.
- Anyone who wishes to contest a will. A major reason for probate is to determine if a last will and testament is valid. There are many reasons for challenging a will, such as undue influence when the will was created or the deceased was not of sound mind when the will was made. If you wish to challenge the validity of the will, you need strong arguments for why the will should not be probated. Probate attorneys can help you make these arguments.
These three types of people should have probate attorneys advising them and protecting their legal interests. There may be other situations after a death when having legal representation is equally important.
How a Parman & Easterday Probate Attorney Can Help You
Parman & Easterday represents clients during the probate process when a will is validated and assets distributed. We provide legal representation in complex cases involving disputes over the validity of the will or how property should be valued or distributed. When your loved one passes away or when you are named as personal representative of an estate, our firm can provide the help you need. To learn more, give us a call at (405) 843-6100 or (913) 385-9400, or contact us online to find out how our probate attorneys can assist you.