Why You Need An Estate Administration Lawyer
Losing a loved one is an emotional time that causes excessive stress for many people. Managing the estate and following the directions in a will can become an additional complication. Aside from the time needed to manage the process and the complexity of the laws overseeing the matter, family conflicts can arise. Hiring an attorney can help.
State Laws Vary
The federal government created the Uniform Probate Code to make the process easier for everyone, but most states did not adopt the code. Many of the fifteen states that use the guideline created changes based on their preferences. People with experience in probate matters may feel qualified to handle family matters in another state but unintentionally break the law because of the differences.
Family Disagreements Arise
A will does not always address every issue, and the wording can be confusing. Conflicts may arise if people believe someone coerced a loved one as they prepared the document. Lawyers cannot prevent these concerns, but they can offer guidance on legal options and give recommendations to the court.
People Avoid Wills
Based on a 2023 survey, two out of three people in the United States do not have a will. The reasons for not having one can vary, but the problems caused by the lack of documentation are similar. Families argue over final planning, asset distribution, and more. The family members may not know of all assets the loved one owned or understand the laws regarding final debts.
To avoid these conflicts, the judges overseeing probate courts will typically hire an administrator for an estate if no will exists. Families can choose a family member or hire an attorney if all heirs agree to the decision. Deciding on these matters beforehand can save time.
Administrators Manage Everything
A will is a starting point for distributing an estate, but dividing assets is only a fraction of the work when someone dies. An estate administration lawyer helps prepare and file the final tax returns for the individual and the estate. They inventory the assets and pay all creditors, file the paperwork with the probate court, and notify and remain in communication with the heirs.
Executors of a will can act as the administrator or can hire an attorney for the position. The two titles have similar responsibilities, but administrators usually handle more complex tasks and have more legal control over the estate. All families should discuss their wishes regarding the appointment and use of executors and administrators before the need arises.
Contact an estate administration attorney to learn more.