The death of a family member is usually a very difficult and trying time for many, and in most instances is a time marred with wrangles over the acquisition of the deceased’s assets. The descendants of the departed must gather a way to appropriately acquire property that has been left behind, and the only way to conclusively do this is through a court process. In this case, the term probate comes into play, as it involves the transfer of a deceased property to the heirs, as well as determining whether a will presented is valid. Finding an estate planning attorney is the first step in settling down the inheritance matters and transferring the financial responsibilities of the deceased suitably. avocat succession paris
Matters an Estate Planning Attorney can deal with
It is of great importance that one takes time in acquiring an estate planning lawyer who is competent enough with the legal procedures and laws governing the transfer of a deceased person to the beneficiaries. He will be involved in taking an executor through the entire probate process as well as granting them advice regarding the case.
The lawyer will be extensively involved in locating and securing all the assets of the deceased, as well as collect the life proceeds of the deceased. In the instances that the departed party left any debts and bills, their full payment forms the initial actions that the estate planning lawyer seeks to undertake. Settling disputes between personal executives forms an ongoing process for the attorney, as this clears many hurdles in the way. There may be instances when the lawyer would have to deal with income tax matters as well as facilitate the sale of estate property. Above all, to conclusively settle the deceased property matters, he’s involved in changing the titles of the deceased’s properties to the heirs.
Dealing with the Will and Probate Law
A will is an essential document, and its role cannot be downplayed upon the occurrence of one’s death. In accordance with the probate laws, the custodian of the will is required to present it to the courts within 30 days upon death of the person. It is the custodian’s role to ensure that the original will reaches the office of the probate court clerk before this time expires, as well as make an effort of sending a copy of the will to the executor or to a beneficiary.
Amongst properties that have been left behind by the deceased may include running businesses and other ventures, and which have to change ownership to their intended heirs. To this end, business law therefore comes into place in the acquisition and transfer of these properties and other related partnership deals. Businesses are in many instances engage in contract commitments, and it is best to engage a lawyer in dealing with such a matter once an involved party has passed away. This is in order to evade any future disputes that may arise in the future due to decisions made by the beneficiary.