Literally, no one wants to experience or even think about their loved ones dying, but it is sadly an inevitable feat. When someone passes away, they’re always leaving behind a lot. Grieving children and grandchildren, brothers and sisters, items that hold cherished memories and houses that begin to feel too big without them – it’s all a painful process that sometimes just does not get easier.
When they do leave things such as property and possessions behind, dealing with their loss can become so much more painful. The last thing someone who has just lost their loved one wants to do is figure out what is going to happen with all of their belongings. This is where probate and estate lawyers come into play, and aid in making this side of the transition process a lot easier.
Settling any Outstanding Debt
Trying to deal with grief from the passing of a loved one is hard enough on its own. The grieving process can often be made much more difficult and become drawn out when family members have to close phone accounts, bank accounts and settle any outstanding debt that the deceased may have had before passing.
Probate refers to the legal process following the death of an individual. A part of this process is to oversee the estate of the individual, and in a lot of cases this includes debt’s and taxes owing. A lawyer within these fields can enable the family grieving time before having to think about how they’re going to deal with these potential debts or taxes.
In addition, they can also provide ideas and put plans in place so that the family can pay these things off rather than stress about having to come up with the bulk sum. In some cases, heirs are able to work alongside probate and estate lawyers to dispute claims that creditors make and have some debts or partial debts written off.
Settling Disputes between Family Members
When a person leaves a Will to state what they wanted to happen with their belongings and assets, arguments between family members can occur. These disagreements can be due to a variety of things. One may claim that the deceased was not in the best state of mind, others may say that the deceased had changed their mind prior to their death but didn’t get the chance to change their will.
In any case, the disagreement between family members in this regard can be painful and sometimes create long term rifts between heirs. Another part of the probate process is to settle these disputes through the probate court, whereby a neutral judge will make the final decision, usually resulting in the most beneficial way for either party.
Making Sure any Children are Looked After
It is a sad thing when parents die. What is sadder is when they die before their children are old enough to know how to look after and provide for themselves. Young children should never have to deal with the early loss of their parents or caregivers, but this is the unfortunate case for some.
Anyone with children will usually have them as their number one priority; it’s just an instinctual thing. Parents or caregivers always want to make sure that their children are going to be well looked after and cared for in the event of their passing. This is another way in which family lawyers like Lawyers Plus are able to make these things easier.
If a person with young kids unexpectedly dies, they’ll more than likely leave a Will to state what should happen with their children. They’ll often give instructions on who they should go to in the event of their death and provide them with assets (though sometimes not immediately) so that they are able to continue life as best as possible.
The probate court will ensure that the wishes of the deceased in regards to their offspring are met and work to provide the best possible outcome for these minors. In some cases, the parent or caregiver will not leave instructions and this is when it becomes the probate courts responsibility to decide what should happen.
This is usually done through investigating the backgrounds, qualifications and overall ability of the family members or family friends to look after the deceased’s children. Though it isn’t imperative, they’ll also check to see if there is an established relationship between the potential guardian and children.
The pain that comes with the loss of a loved one never goes away completely. The healing process is slow and people going through it are reminded of their loss almost every day, in some way or another. Probate and estate lawyers are just one of many people whose jobs solely revolve around making this process easier.
