Why Do We Need a Probate Attorney for Probate Court?
We may have asked ourselves “Do I need a probate attorney for probate court?” To be honest, by law, you don’t have to have a probate attorney.However, “the situation on the ground” is not absolutely the same as described in the “regulations.”You may experience disputes, administrative mismatches, tax coverage, and so on.All of these problems are difficult for someone without a legal background to handle.
Making a will is much easier than most citizens think. Of course, the complexity of the process will depend on the type of will and the volume and composition of our inheritance. But we can carry out the complete management in a little less than a week if we have the appropriate advice from a probate attorney. When we look for a probat attorney, finding the local one is better. In case we live in Texas, hiring a Texas probate attorney is the better choice.
Key Aspects to Consider When Making a Will
The first thing to know is that there are different types of will. Choosing the best type of will will depend on our particular circumstances, the composition of our estate, and the relationship we have with the family.
Once we choose our testamentary form, we will only have to write the last wills document and decide if we will guard it personally, if we will deliver it to someone we trust or if we will deposit it before a notary. The fate of the will and, especially, the inheritance procedures may depend on our choice.
The Types of Will
The first type of will is the holograph. This is one of the most used, since, for this, it is enough with paper, a pen and being able to write. The advantage of this type of will lies in the scarcity of paperwork. As a disadvantage, it is a document that can be lost, destroyed or tampered with. In addition, we could incur legal defects that would end up invalidating it.
Second, we find the notarial open will. This document is drawn up by the same notary, following the instructions that the lawyer offers you verbally or the minutes previously prepared by him. As an advantage, it allows us to take advantage of the technical advice of the notary.
Finally, there is the closed will. Its content is absolutely confidential, and the notary only intervenes to attest that he has received a statement containing the testator’s last will document on a specific date. It has the same disadvantages as the holographic will.
When choosing our testamentary form, we must remember that it is convenient to have the assistance of a probate lawyer, to help us avoid serious errors. In addition, it will always be better to deposit it before a notary so that our successors can locate it easily.
The Writing of the Will
Legal advice when drafting a will is key to avoid future problems between the heirs or legatees. The main objective in the drafting is to clearly define our will but also to take into account the civil and fiscal repercussions that our heirs or legatees will have. In addition, in cases where part of the assets include shares in family businesses, possible succession agreements or family protocols must be taken into account.
The Correction or Cancellation of Our Will
It is also important to note that any will can be modified or canceled. When several documents of last wills concur, only the last one granted will be valid. If the only thing we want to do is a correction, it will be enough that we point it out in our new document. Although it is such an important piece of writing, it would be best to rewrite it.
What Happens If We Don’t Leave a Will?
Inheritances not regulated in a will are distributed according to the rules of intestate succession. These norms prevent the patrimony from being left without an owner, and establish a distribution system. Therefore, the importance of leaving a will is that it is the only way to determine what our estate will fate at our death.
This is all we cannot take care of ourselves. We will need a probate attorney who specializes in inheritance issues. We need him to make sure what we’ve been fighting for doesn’t end in vain. Of course, as explained earlier, we are legally under no obligation to hire a probate attorney but in practice, we must be supported by at least someone with experience in the field of inheritance law.
