You have just lost your loved one, and you need to take charge of the estate with the help of a Baton Rouge, LA probate lawyer immediately so that you do not face probate issues. Losing a loved one is stressful enough; you don’t need probate problems on top of that. Don’t worry, though, because probate lawyers are here to help you get through this difficult time! No matter what stage of the process you are in, it’s best to contact a lawyer right away who will guide you through the whole process at Theus Law Offices so that we can help you with everything listed below and more.
5 Common Issues That Can Arise During the Probate Process
A Baton Rouge, LA probate lawyer can help you get through the probate process. Often, the lawyer’s job involves handling paperwork and the courts to ensure everything is managed correctly. However, other issues can sometimes arise, and we’ll explore five common problems people face.
1. The Executor Named in the Will Doesn’t Want to Handle the Duty
When a person creates a last will and testament, they often name an executor to handle their estate and assets. The executor is then responsible for ensuring that a person’s estate is dealt with correctly and that assets can benefit the proper beneficiaries. However, sometimes the executor cannot fulfill their duties or outright refuses to do so. In this situation, the court may be required to appoint a new executor.
2. The Executor Fails In Their Duties
The named executor has a fiduciary duty to perform; however, they sometimes fail to fulfill it. This failure can result from an inability to perform their responsibilities or from someone working in their own self-interest. When these situations happen, legal solutions do sometimes exist. For example, the courts can remove the executor and appoint a new one. In other situations, beneficiaries or heirs can bring legal action against the executor. Resolving this issue often requires help from a Baton Rouge probate attorney.
3. You Can’t Find Certain Assets
Being unable to locate certain assets can quickly delay the executor. Of course, not being able to identify these specific assets also means it’ll take longer for heirs or beneficiaries to obtain the assets to which they’re entitled. The best way to avoid this issue is for the person creating their last will and testament to have a detailed estate plan in place. For certain items, the person creating their last will and testament can provide directions for their location.
4. The Will Is Being Contested
There are many reasons why a will can be contested, with common scenarios including the following:
- The person who created the will was under duress or lacked the correct mental faculties.
- The will creator was somehow manipulated when writing their will.
- There’s reason to believe that the will itself was manipulated or forged.
The person contesting the will must show evidence that the will is indeed invalid. However, even if the contention lacks merit, it can still delay the process. Heirs and beneficiaries may need legal assistance to demonstrate that the will reflects the deceased’s wishes.
5. Costly Claims From Creditors
The probate process allows creditors to make claims against the deceased’s estate. Any valid claims must be paid out using the estate’s assets. Creditors must provide evidence of their legal right to collect specific claims. The state can sometimes act as the creditor to recoup costs incurred for Medicaid services. A Baton Rouge probate attorney from Theus Law Offices can make this process easier.
Four Common Myths About The Probate Process
As our Baton Rouge, LA probate lawyer can explain, the probate process is often dreaded. As a result, they typically consider key strategic legal options that allow them to circumvent the process or at least reduce the number of assets that must pass through probate. Probate is the legal process necessary after a person passes away, in which the will is validated, the estate administrator is identified, debts are paid, and assets are ultimately distributed to beneficiaries. At the same time, it’s essential to recognize that probate laws vary by state, and it is vital to speak with a professional, such as those at Theus Law Offices.
There are typically two processes that may occur when probate is involved: probate with a will and probate without one. When it comes to probate, there are many misconceptions regarding planning for the future and enduring the probate process. The following are four common myths regarding probate:
Myth #1: Probate Must Be Avoided
While strategies to minimize assets that pass through probate should be considered, it’s important to note that with appropriate planning, probate isn’t something to fear. Primary assets that will pass through probate include solely owned property and personal possessions. However, a Baton Rouge probate lawyer will note that many assets are classified as non-probate assets, such as jointly owned property, payable-on-death or transfer-on-death accounts with named beneficiaries, and assets held in a trust. Accounts with named beneficiaries, such as retirement accounts, pensions, and bank accounts, are considered POD. The simple solution is to ensure beneficiaries are identified.
Myth #2: All Assets Will Pass Through Probate
Many people are concerned that all of their assets will pass through probate. This is not accurate because, as noted earlier, accounts with named beneficiaries and jointly owned property are not required to go through the process. However, this will depend on the planning process.
Myth #3: Probate Can Go On For Years
Most people are worried that assets will be tied up in probate for many years. While this is possible in more complex situations, the probate process is typically much shorter. Another reason for a lengthy probate is when someone contests the will. However, when proper planning takes place or the account is smaller, the probate process can be smooth and straightforward.
Myth #4: Using a DIY Will Tool Can Help Avoid Probate
Developing a will is often put off, which can be problematic if the unexpected occurs. Some may mistakenly believe that creating a will using a do-it-yourself kit is better than having no will. However, these methods can be ineffective because they often do not account for state laws. As a result, the will that is created may be useless and will do nothing in regard to avoiding the probate process.
When someone has passed away, moving forward can be deeply challenging for the family. Grief can be consuming and incredibly complex to contend with. The idea of resolving a person’s estate when experiencing grief can be an overwhelming process to endure. Working with a lawyer can help manage the process, guide the estate administrator, assist with asset inventory, identify accounts, and more. Learn more about how a Baton Rouge probate lawyer from Theus Law Offices can help.
Save Time and Money
Working with a probate lawyer can save you time and money. Here are just a few ways:
- The lawyer will take care of all the legal paperwork for you, which means you don’t have to do any of it yourself.
- A probate lawyer will handle everything from filing the required documents and forms to notifying creditors and heirs, collecting assets, paying bills and taxes, and, finally, distributing property to heirs in accordance with the will or state law.
- An attorney will review your family’s wills so that they make sense in Louisiana law — and if they don’t make sense in Louisiana law, a probate lawyer can help update them to make sure everything is up-to-date.
Avoid Mistakes
If you try to do all that work on your own, mistakes are likely to occur without in-depth knowledge of local and state laws. Working with an experienced attorney will ensure that everything is filed on time and completed correctly. If you do not submit the required paperwork on time, your case may be delayed, causing stress and costing more than you expected. Avoid mistakes and work with a Baton Rouge probate lawyer instead.
Protect Your Assets
The loss of a loved one can be difficult to manage emotionally and financially. Unfortunately, it is not always an easy process. If you are dealing with the death of your loved one, then you may need to find a probate lawyer because if you have assets that need to be distributed after your death, then it is imperative that they are handled by an attorney. For example, if the deceased has an estate or property that needs to be divided among heirs or beneficiaries, the assets will need to go through probate before any distributions can take place. A probate lawyer can help guide this process and offer assistance as needed.
While this might seem like something you could handle on your own, it’s best to leave this to the experts. You don’t want someone who isn’t familiar with all of the laws in Louisiana handling your affairs, which could result in unfair distribution of assets. Instead, contact us today at for more information about how we can help make sure that you are prepared for everything that comes up following a death in the family.
Plan for the Future
It’s not always easy to plan for the future, but when a loved one passes away, it can be even more difficult. If you are left with an inheritance, there are certain taxes that you may need to pay. An attorney can advise you of these and help you plan accordingly for when you file taxes. Plus, a probate attorney can help you draft your own will to prepare for you and your family’s future.
Contact a Baton Rouge probate lawyer today at Theus Law Offices for help saving time and money, avoiding mistakes, protecting your assets, and planning for the future.
Probate Law FAQs
If you have to probate an estate, you may want to consult a Baton Rouge, LA probate lawyer from Theus Law Offices. Probating an estate can be complicated, so you want someone knowledgeable and experienced on your side. A lawyer can guide you through the entire process and keep you from making costly mistakes during the probate process.
Where Do You File a Probate Petition?
Typically, a probate petition is filed in the county where the decedent lived when he or she died. A will may state where the decedent was residing when the document was created. If the decedent’s location was unclear at the time of death, you may be able to find the information out through other methods, like where the decedent owned a home, where the decedent registered to vote, or where the decedent had a driver’s license.
How Long Does Probate Take?
This is one of the most common questions people have about the probate process. Probate has a long-standing reputation as a tedious process. However, in most cases, probate can be wrapped in a year or less. Some factors can delay the process. For example, if someone disagrees with the will’s contents and contests it, probate can take much longer to complete. Other things that can delay probate include tax issues, creditor claims, and unusual assets.
Does Having a Will Avoid Probate?
No, this is one of the most common myths about probate. As a Baton Rouge probate lawyer can explain, a will allows a person to choose an executor and specify who will receive their assets. This can provide greater control. If there is no will at the time of a decedent’s death, probate will be governed by the Probate Act.
Are All Assets Subject to Probate?
No, not necessarily. There are probate and nonprobate assets. Probate assets generally include homes, vehicles, jewelry, and other personal possessions. Nonprobate assets include assets titled in a trust, property named for a beneficiary, jointly owned property, and bank accounts held by beneficiaries. It is not always obvious which assets are subject to probate and which ones are not. That is why it may be in your best interest to obtain advice from a qualified lawyer. They can help you sort through all the assets and make things more straightforward.
Who Deals with Probate?
If the decedent had a will at the time of death, the person named as executor will handle the probate process. However, the executor must first be approved by the court. People who have an interest in the estate may be able to object to an executor in court if they feel he or she is not the right person for the job.
If you need assistance with probate, you may want to make an appointment with a Baton Rouge probate lawyer from Theus Law Offices as soon as possible.
