Why An Estate Might End Up In Probate
The probate process is a part of the legal system that people rarely run into. Consequently, some folks end up upset about why a case is even being pushed into the probate system. The following three scenarios represent some of the more common ones that probate law services firms encounter.
No Will
The lack of a will can raise serious questions about what the intent of a recently deceased person might have been toward their estate. A court may appoint an administrator to receive any claims that might be filed against the state. Any outstanding debts have to be settled first, and expenses will also be taken from the estate. The administrator will then determine which remaining claims, if any, are valid, and distribute property to the claimants accordingly.
Notably, not all estates end up in probate, even if there isn't a will. Most states have a limit on how much financial value must be at stake for the matter to justify the probate court's time. Also, many types of property, such as bank accounts, can be automatically distributed upon death.
Conflicting or Ambiguous Wills
Figuring out the terms of a will can be challenging. For example, what happens if an amendment is made that makes it impossible to execute a previous section of the will? In the ideal scenario, all parties to the estate enter into an agreement. Unfortunately, someone might not be comfortable with that outcome, and that's where the probate process comes in. The court will, to the best of its ability, try to determine which clauses of the will take precedent and then distribute property and proceeds accordingly.
Manipulation and Fraud
Yes, it sounds almost like something out of fiction. Sadly, people do engage in fraud in dealing with estates. If a will was altered only briefly before the deceased's death, for instance, or if other suspicious circumstances arise, legal services may want to take a more careful look at the estate's fate to make sure that nothing underhanded has been going on.
Similarly, fraudulent wills can be produced. Particularly in situations where the last days of the deceased weren't well documented, an opening for fraud can occur. Even if you're only mildly worried about the possibility of misrepresentation, it's wise to have a probate lawyer services provider review the documents in question. There's no such thing as too much caution when it comes to protecting your rights to an estate.
