The Essential Role of Estate Attorneys in Inheritance Protection

Surya Yadav


Inheritances can be contentious. What the person wants to happen may not align with what relatives expect to happen and it can delve into a fight after someone passes away. A way to protect the inheritance and ensure it gets where it should go is to work with an attorney and make sure everything is done properly and legally. 

Create a Will and Dictate What Happens

When someone dies, their estate goes through the legal probate process. This process follows the will where available to determine what happens to the estate and how any parts of the estate will be split between heirs. If someone wants to make sure their estate is handled according to their wishes, they need to create a will. The will should be as specific as possible and name everyone who is going to get a part of the estate along with what they receive. It is a good idea to work with a lawyer on this, as it ensures everything is covered and minimizes the potential for arguments. 

Make Sure the Will is Followed

A lawyer can help the executor understand what the will states and how to make sure everything is done legally according to the will. They can review the will to determine how the estate should be handled, deal with creditors who may be owed money from the estate, and more. While an executor doesn’t have to work with an attorney, it is highly recommended they do so during this process to avoid mistakes or handle the situation if there are any outside claims to the estate. 

Handle the Situation When there Isn’t a Will

If there isn’t a will, the estate will be handled through the probate process. Someone will need to be named the administrator and they will need to handle the estate itself. The probate process can lead to many arguments, as people may say they were verbally promised items or start splitting the estate before probate is completed. The estate must go through probate before anything happens to prevent potential issues like homes being sold and money going to someone who isn’t in line to receive it legally. It is highly recommended the administrator work with an attorney during this process to make sure everything is done properly. 

Answer Questions and Alleviate Concerns

Those who are new to the process may have a number of questions about what to expect, how long it will take for the estate to be settled, and more. If anything is taken from the estate before probate is complete, they may have concerns about how that’s handled. From getting advice to determine an item’s value to handling missing items or closing the estate, a lawyer is going to be the top resource for anyone who is dealing with the estate following a loved one’s death. The lawyer can answer all of their questions and address any concerns they might have during this process. 

If a loved one has passed away or you’re preparing for the future and want to make sure your estate is handled properly if anything happens to you, it’s time to talk to a lawyer. An estate attorney has significant experience in this area and will do as much as possible to help you through it. Set up a consultation today to learn more about how they can help. 

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