Fouts Law Group, LLC is here to help you with the probate process in Woodstock. When you believe that you may inherit assets as the result of a loved one’s passing, you have been named the executor of a will, or you believe that a loved one’s wishes aren’t being respected after their passing and are being carried out inappropriately, we can assist you.
Our Woodstock probate attorneys know that the process of probate is intricate. We can use our experience and knowledge to guide you through the role you must fulfill. We can help ensure the probate process is a smooth one, and we can protect the rights you have during the legal process. Call our office at (678) 242-8344 to learn about how a probate lawyer can assist you. We are happy to provide you with more information, including:
- How the probate process works
- Why you need a probate lawyer
- How a Woodstock probate lawyer can help you
How the Probate Process Works
The probate process begins after a person has passed away. It is a way for the court to determine if the last will and testament of the person is valid, and also whether or not the will specifies who will inherit assets. When there is no valid will in place, the probate process will work to determine who inherits property and other assets.
This is an important legal process that determines how the estate of the deceased person is dispersed. During the process of probate, decisions are made with regards to the deceased’s assets. Any creditor has the opportunity to make a claim, and family members and other parties are permitted to challenge the will if they believe it does not accurately reflect the wishes of the decedent. The court will also determine if there are any estate taxes to be paid and who is responsible for their payment.
Decisions made by the court during the probate process are legally binding. These decisions can affect your family now and in the future. There are a variety of decisions that will be made during this time, so it is important that you have legal guidance. You do not want to leave anything to chance.
Why You Need a Probate Lawyer
In most cases, the process of probate is initiated by the executor of a will. This is a person who is named in the last will and testament of the person who has passed away. If no executor was named in the will, or if there is no valid last will and testament, the probate court will appoint a responsible party or estate administrator.
An executor has several legal responsibilities during the probate process. Assets of the decedent must be care for, tax issues must be resolved, and the final wishes of the decedent must be carried out in exact accordance with the last will and testament. These legal responsibilities may be complex in nature and bring with them the possibility of personal liability. This means that legal advice is of utmost important to the executor.
When a person is to inherit assets, they may choose to hire legal representation to ensure the executor of the estate fulfills their responsibilities. When a person does not believe that the last will and testament of the decedent is an accurate reflection of that person’s desires, a legal advocate can make arguments with regards to keeping the will out of probate.
How a Woodstock Probate Lawyer Can Help You
Fouts Law Group, LLC provides representation to those involved in probate in Woodstock. Whether you are an executor or an heir, or someone who wishes to contest a will, call (678) 242-8344 for assistance or contact us online for more information.