Five Problems That Could Arise During Probate
A Montgomery probate attorney can provide you with assistance if you are going through the probate process. This process, which occurs after someone has passed away, can be complicated for heirs or beneficiaries who may not know when they will receive their inheritance or how the assets they will inherit are being taken care of during probate. It is often even more complicated for the executor of an estate, who has a fiduciary duty and who has been entrusted with the responsibility of overseeing estate assets and facilitating the probate process.
Zimmer Law Firm is here to help. We represent the executor of an estate and help him or her to fulfill all of the duties required by law and specified in the last will and testament. We also provide help to heirs or beneficiaries who want to ensure that their inheritance is safe during the probate process. With assistance from an experienced attorney, all parties involved in probate can ensure they fulfill their obligations and that their rights are protected.
Unfortunately, with or without legal representation, sometimes problems arise during the probate process. An experienced attorney can help you to avoid causing problems by your own failure to understand the law, and can also help you to respond to any problems that are caused by others. Give us a call to find out more or read on below to learn about five common problems that arise during probate.
Estate Assets Cannot be Found
There are many circumstances where assets are difficult to find. An experienced attorney can provide assistance using appropriate legal tools and processes to track down bank accounts, real estate and other assets that the deceased has left behind which the executor of an estate has a difficult time finding.
The Person Named as Executor in the Will is Unable or Unwilling to Fulfill this Role
When a person creates a last will and testament, they typically name an executor of an estate. Sometimes, however, the chosen person cannot handle the many responsibilities that go into serving as the executor of an estate. While someone who is chosen to fulfill this role can hire an attorney to help make the process easier, a person who was named as executor of an estate in the will does not have to accept this role. If the chosen executor doesn’t want the court to actually appoint him or her as an executor, the court will instead appoint a personal representative or estate administrator to fulfill the role that the chosen person normally would have fulfilled.
The Executor is Not Living up to his Obligations
If a person chooses to actually serve as an executor and then fails in his responsibilities, this can create a much bigger problem than simply declining the role. The court can remove the person who is acting as executor if that individual has failed to fulfill obligations associated with serving in this role. The heirs or beneficiaries whose inheritance is impacted by the executor of an estate could potentially have a legal claim for breach of fiduciary duty.
Creditors Make Large Claims Against the Estate
If a creditor makes a legitimate claim against estate assets, it will typically have to be paid. However, you can challenge claims and make the creditors prove that the estate actually owes. The state can sometimes try to recoup money paid out for Medicaid benefits as part of an estate recovery process, which can also be a large claim on the estate. If this happens, you may be able to argue that hardship would result and that the state should thus not be able to take assets from the estate.
The Will is Contested
If the will is contested, the executor of an estate and heirs or beneficiaries whose inheritance is at stake will want to make sure to vigorously defend it and try to prove that it is an accurate and enforceable reflection of the wishes of the deceased.
Getting Help from A Montgomery Probate Attorney
A Montgomery probate attorney at Zimmer Law Firm can provide help to all parties involved in the probate process, including heirs or beneficiaries or the executor of an estate. If someone you love has died and you want to ensure that the probate process goes as smoothly as possible, give us a call at 513.721.1513. You can also join us for a free seminar to find out more about the ways in which our legal team can help make the probate process as easy as possible and can help to protect an inheritance the deceased has left behind.