Losing someone we love is always a difficult experience, but when there’s disputed issues such as debt, property, or taxes with the deceased’s estate, the stress can become downright unbearable without the right Probate Attorney.
Prior Daniel & Wiltshire, LLC will stand with and guide you through the process of protecting the interests of the heirs and other parties who have a claim to the estate – taking the load off your shoulders and making the process a little less sufferable.
A probate attorney helps surviving family members settle debts and distribute assets after the passing of a loved one, whether there’s a will or not. A probate attorney can advise you of how to settle all the final affairs of the deceased person.
While it’s not always required to use a probate attorney, it can be a complicated process – especially if your loved one didn’t leave a will behind. If you are named an executor of an estate, then you will need a lawyer. The formal process has so many regulations and intricate details that it can be difficult and stressful to understand for someone who isn’t a lawyer. A few examples of issues that require probate court include a disputed claim over property, a dispute over back taxes, ambiguities in the wording of the will or if the estate doesn’t have enough assets to pay all the debts. Probate court proceedings are required if the deceased person owned assets in his or her name alone.
If you’re facing a similar situation, Prior Daniel & Wiltshire’s experienced team can help.
In many states, wills are considered valid if they are self-proving. To create a self-proving will, first the testator signs the will in front of two witnesses and then the witnesses sign.
Property can be transferred to the beneficiaries of the will, creditors will be notified and legal notices published. Other assets will then be distributed to the beneficiaries. It may be necessary to sell real estate or other property to distribute the assets or pay off debts.
If there is no will, but there’s a surviving spouse, the spouse typically gets the estate. When there are children, grandchildren and siblings involved, usually all parties will receive a portion of the estate.
It’s important to keep in mind that family relationships can be strained through this process. Having a non-biased, “third person” involved can help to diffuse emotional tensions.
It’s in your best interest to speak with an experienced attorney if you have been named an executor of a will, are a beneficiary who desires to contest the executor, or if you have disagreements about how the estate is being handled. Probate is a highly complex process and an attorney with Prior Daniel & Wiltshire, LLC can provide you with valuable, solid advice.
Daniel S. Woodrum,
Daniel is an Associate with Prior, Daniel & Wiltshire. Daniel is a native of the town of Millen, Georgia. Daniel graduated from Bulloch Academy in Statesboro, Georgia, before attending college at the University of Georgia. At the University of Georgia, Daniel studied marketing in the Terry College of Business and received a Bachelor’s of Business Administration with honors. After graduating from college, Daniel attended the University Of Georgia School Of Law and earned a Juris Doctorate.
Brittany Drew, Paralegal
Brittany grew up in Henry County and began working as a legal assistant in 2002. While working as a legal assistant, she decided to make a career in the legal field and enrolled in Clayton College and State University to pursue her Associates Degree in Paralegal Studies, graduating in 2004.
Later, Brittany went back to school and earned her Bachelor’s Degree in Administrative Management in 2010. Brittany has worked in various areas of law including Bankruptcy, Business and Commercial Litigation, Employment law and Domestic law.