Fouts Law Group, LLC provides legal assistance during the probate process. If you are an executor of a will, if you believe you will inherit as a result of a death, or if you are concerned the wishes of the deceased aren’t being respected after a death, we are here to help you.
Our Atlanta probate lawyers know the ins-and-outs of the probate process and can guide you through fulfilling your role within this process. We can help to make the probate process go as smoothly as possible, and ensure that your rights are respected during the entirety of this complex legal process. Give us a call at (678) 242-8344 to find out more about the ways in which an experienced attorney can assist you and to get answers to questions you may have about probate including:
- What is involved in the probate process?
- Who should have a probate lawyer?
- How Can an Atlanta probate lawyer help you?
What is Involved in the Probate Process?
The probate process involves going to court to determine if the deceased had a valid will that provides instructions on who should inherit. If there is no will, then the probate process involves a determination of which heirs should inherit under intestacy law.
The probate process is one of the most important legal processes that occurs, because it determines what legacy the deceased will leave behind. During probate, decisions are made on what should happen to all of the assets of the deceased. Creditors get to make claims, and interested parties can challenge a last will and testament if they don’t think it truly reflects the wishes of the deceased. Determinations are also made on whether estate tax will be owed and a part of the deceased’s assets will go to the government.
During the probate process, the rulings of the court and the steps that are taken are not only going to affect the legacy of the deceased, but will also impact the lives of surviving family members. Decisions may be made regarding guardianship of minor children, the inheritance of a family home or fortune, and the future of a family business. If it is your inheritance at stake, it is imperative you get the right legal help during the probate process.
Who Should Have a Probate Lawyer?
In most circumstances, the probate process is initiated by the executor of a will filing appropriate court paperwork. An executor of a will is named in the will by the deceased, unless there is no will or the deceased did not choose an executor. If there is no executor, the probate court will appoint a personal representative or estate administrator to fulfill a similar role.
The executor of a will has a lot of legal responsibilities during probate, and also has to make certain that the deceased person’s assets are cared for and his wishes are respected. An executor has a fiduciary duty, which is the highest of the legal obligations that exists under the law. An executor of a will also has to do lots of technically complex processes during probate, including taking care of all tax issues. Due to the complexities of fulfilling an executor’s duties during probate, and the potential for personal liability for breach of duty, it becomes important for an executor of a will to be represented by an experienced probate lawyer.
For those who stand to inherit after a death, the probate process does not actually require much, since the executor has to do most of the complicated tasks. However, this does not mean that beneficiaries or heirs should just sit back as the fate of their inheritance is determined. Those who stand to inherit should strongly consider having their own legal advocate to monitor the probate process, to provide appropriate legal advice, and to take action if the executor of a will does not properly fulfill his obligations.
Finally, there are times when someone has reason to believe the will being presented to be probated is not an accurate reflection of the wishes of the deceased. If this occurs, those who wish to contest the will should have a strong legal advocate to help make solid arguments regarding why a will should not be probated.
How Can an Atlanta Probate Lawyer Help You?
Fouts Law Group, LLC provides representation to all who are involved in probate, from executors to heirs to those who wish to contest a will. To find out more about the ways in which an Atlanta probate lawyer can provide assistance, give us a call at (678) 242-8344 or contact us online today.