Death is inevitable and un avoidable, a gospel truth we can say. We all can agree upon that. We human beings always tend to make a good living and this exists in ourselves as a part of our nature. This leads us to buy properties, land and other resources. And of course we try to approach towards the perfection. This situation remains normal till the person in possession of the mentioned things is well and good, especially physically.
Let’s suppose a person named john has made a fortune by working hard his entire life. His in possession of some assets of great value. Unfortunately john has just died of a heart attack, this morning in a district hospital of some country. The question arises, What about his property and assets. Who will possess them now? What about me, Am I not in the list of heirs. This is the turning point in the situation where “will” comes in to play.
What is a will/ testament?
Will actually is a writing, a draft to be more precise, pertaining to the person in possession (in our case-john), which describes how the property, wealth etc will be distributed among his heirs in case of his death. This property, resources and wealth in possession of a person are also formally called a person’s “estate”.
One should never forget the fact that a lot of people throughout the course of history have been killed and murdered on account of the disputes that arise particularly after ones death relating to assets distribution.
What is meant by a probate lawyer?
Let’s understand the word probate, first. Probate actually is a process which leads and persuades a court (of a specific country) to declare someone’s will as proved and valid. Well, is there any possibility that the court might declare it as null and void? Yes this possibility exists, we will come at this later in the article.
As of now that we have understood the word probate, (I presume you have already guessed) will and probate lawyers are people who directs, helps and gives advice to people during this legal process.
What leads people to hire them?
There are multiple situations which compel heirs of a person (possibly) to hire a lawyer by contacting a law firm. Some of them are written below,
- When a will has not been made :
This is a tricky situation to face. If you are facing this kind of situation, you need to hire a lawyer and discuss all the issues and facts with him. According to the laws of the country you live in, this man/woman will help you out in the matters of court. Contrary to it, if a will has been drafted prior to the tragedy, this legal process becomes quite easy.
- When a will is ambiguous/ against the interests of heirs:
Yes, this may happen. Especially when the deceased was old and was prone to some physiological issues that lead him do that. Whatever the reasons may be, your lawyer can help you and persuade the court to declare (publicly) the will as invalid.
Every family is liable to these tragedies. And when that happens you need to know what to do to keep the financial system running. Having prior knowledge can be worthwhile.