Selling Estate Property And The Role Of A Probate Attorney
When a person dies, the executor is appointed to handle the affairs of the deceased. Usually, the person who dies first (the executor) then chooses an executrix, who in turn chooses an administrator, who in turn chooses an assignee or executor. In many states, these three people are one person, while in others they are different people. In either case, the probate process continues until all the debts of the decedent have been completely satisfied.
One reason that the person who dies has a limited representation is because they did not select a person to act as their personal representative. A common mistake is that people select an individual with whom they share a close relationship, such as a spouse or child. Although this may be the case, a probate attorney can provide full representation for the decedent's wishes. The person who is appointed as the personal representative or executor of a deceased's estate will have limited representation and cannot make decisions for the decedent.
If you have limited representation you might still need to hire a probate attorney Maryland even if you choose to determine who will make the final decisions on your behalf. Many individuals try to make their own plans for the future, such as purchasing a home or college. However, these plans often fall through at a later date, leaving behind financial concerns for the decedent's family. If you're faced with such a scenario, hiring a probate lawyer is one of the best options.
There are many types of probate actions that can occur in a probate court. These include: assignment of probate (which involves transferring ownership of a home or other property to a named beneficiary), assignment of trust (wherein the executor or administrator sells assets belonging to the deceased person and distribute the proceeds), administration (wherein someone other than the deceased has authority to conduct business on behalf of the deceased), and probate judgment (an order that a judge renders after hearing all relevant evidence regarding the probate situation). It is common for attorneys to offer a full range of probate advice to their clients. This includes informing clients about their rights regarding probate, property, and other issues that might arise during estate administration proceedings. In short, the goal of an experienced probate attorney is to ensure that their client's last wishes are honored, and that any debts of the deceased are properly paid off or annulated.
If your loved one did not set up any will when they died and did not specify what should happen to their property or funds upon their passing, then it is very possible that they will be awarded all or part of their death benefits by the probate court. This can be very helpful for you, as well as anyone else involved in the probate process. However, it can also be detrimental if the decedent did not appoint an estate executor or did not specify how their money should be spent upon their passing. Again, an experienced probate attorney can help you understand the probate laws and how they may impact your loved ones, especially if they had no power of attorney or specified how their property would be disposed.
The process of selling estate property can be a very difficult time for everyone involved and can sometimes even lead to further difficulties for the heirs. If this is the case, the best thing you can do for your heirs is to have a good lawyer on your side. The Smiths' law firm represents many individuals and families who lost someone close to them to the probate process. If you would like to learn more about using the services of a Frame and Frame Law to solve your probate problems, contact us today.
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