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Estate Attorney near Anniston and Wedowee Al

How is the estate of a deceased person handed over to a beneficiary or beneficiaries? Through a judicial process known as probate. The process comprises valuing the estate, determining the beneficiaries, declaring the executor in charge of distributing the assets and finally legally transferring the estate to the determined beneficiaries.

An Alabama probate lawyer, who can also be referred to as an estate lawyer/estate attorney, is obligated to take an executor through the entire probate process. The probate laws governing the process are determined by the laws of the state of Alabama if that’s where the deceased lived or where they owned property. The laws vary depending on whether or not the deceased left behind a will.

In cases where the deceased died intestate (without leaving a will), the attorney can assist the executor in the legal processes and getting court permission as required by the laws of the state where the probate process is taking place. In addition, they can assist the executor to determine rightful beneficiaries.

In cases where the will left by the deceased is being challenged by a beneficiary, an attorney would be well versed to help both the executor and the beneficiary because a will can be challenged before it is admitted to probate or during the probate process.

Steve Morris – Anniston Al probate attorney can also assist an executor with valuation and sale of estate property, determining debts and taxes owed and paying them, getting valuation appraisal of the properties and the distributing of an estate to beneficiaries.

Dividing property to beneficiaries in an Estate

In cases where the property is straightforward, that is the estate consists of common assets such as house, vehicle(s) and bank accounts, an attorney may not be necessary. However, in cases where the probate process/court requires the executor to prepare and file documents, an attorney with probate experience will help in doing this in a timely manner.

In Alabama, like most states, the probate laws are technical and there are requirements such as estate taxes, inheritance taxes, income tax issues. Failure to comply with these requirements could drag the probate process at best and can lead to fines and legal issues to the beneficiaries in worst case scenarios. To avoid all this, an attorney could help.

Before the estate is transferred to the beneficiaries, the probate process requires that a proclamation is made for all those who the deceased owed to claim their debts. The attorney assists the executor in paying of these debts if they exist as well as paying any taxes as described above.

How to handle Probate process disputes in Alabama

In the instance that a dispute arises between the beneficiary and the executor, the attorney can assist in dispute resolution. Possible causes of dispute are that the executor and the beneficiaries are not acquainted, the beneficiary is not well versed with the legal issues presented to them by the executor or simply because the beneficiary and the executor do not get along. In the absence of an intermediary, the probate process can stall.

Final step of the probate process in Alabama and near Anniston

Lastly, the final step of the probate process in handing over the estate to the beneficiaries if they are not being sold. At Steven R Morris Law, we can help the beneficiaries to retitle the property in their own names.

The probate process can be a long and odious task and our law firm can help relieve part of the pain. Reach out to us today by calling (256) 357-9211 or complete the Free Consultation form on this webpage.