Hi, my name is Kirsten Krueger and two years ago, I was in a car accident. I was stopped at a stop sign when the driver behind me slammed into my car. Due to my injuries, I had to spend a few days in the hospital and I was unable to work for two months. My medical care was expensive and without being able to work, I couldn't pay my bills. The car accident was stressful enough and then I had to worry about how I would pay my bills. After speaking with a car accident lawyer, it wasn't long before I was compensated for my medical bills and lost wages from work. I'm writing this blog to help others who have been a car accident and haven't received any compensation. As you read my posts, you'll learn how an attorney can help you if you're in a vehicle accident.
Did a loved one pass away and now you need to go through the probate process? If so, be prepared to be asked the following questions when you meet with a probate lawyer.
Do You Have The Death Certificate?
The first thing your probate lawyer is going to ask you about is the death certificate. This is because a certified original copy of your loved one's death certificate must be attached to the probate petition before it can be filed. This can take days or weeks to obtain, and it may be the one document that will hold up the probate process if you do not have it yet.
Is There A Will Or Living Trust?
If your loved one had a living and funded it properly, then you will likely not have to go through the probate process. That is because a living trust allows you to bypass probate since all the assets have technically already been dispersed. However, having just a will requires the estate to go through probate. The lawyer will need the original last will to move forward with filing the probate petition and perform their due diligence to verify if the will is valid.
Is The Executor Willing To Serve?
If there is an executor of the will that has been named, your lawyer will verify if that person is available and willing to carry out their responsibilities. Hopefully, the deceased had discussed this responsibility with the executor, and they are prepared for those responsibilities. If the executor is unable to serve, they will seek out any backup executors to the estate. If not, then the lawyer will ask for a volunteer to take over as the executor and ask for the family to agree to who the executor will be. This is where the probate process can get very tricky. If there is not a listed executor and nobody agrees on who the executor should be, chances are high that the probate process will be contested.
Who Are The Potential Heirs?
The probate lawyer will then start listing all of the potential heirs of the estate. Not only is it important to understand who the heirs are, but it's also important to officially notify them with notices about your loved one passing away. Not getting these notifications out can end up delaying the probate process.
These are just a few basic questions that will be asked when meeting for the first time with your probate lawyer.
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