Every marriage is not meant to last forever. No matter what the reasoning behind the divorce, it is important to have legal representation for each side. I almost lost everything because my former spouse said that he was taking care of things and that he would be fair about how the assets were divided. It took several weeks for me to find out what he was up to. It was then that I hired my own attorney and got what I deserved. You should never attempt to go through a divorce without a lawyer working on your side. On my site, I have listed several of the issues that can get overlooked if you are inexperienced with divorce documents and proceedings.
If you recently lost a loved one and are dealing with their will, then you have likely come across something known as probate. However, you might not know exactly what probate is or how it works. To help you get a better idea of how the process works, here is a quick guide to the subject:
What is probate?
Probate is a specific legal process which ideally results in a will being given legitimacy by the government. A will that has not been granted probate cannot be used as a legal document in court. In other words, a will without probate cannot be used to settle disputes regarding the distribution of the deceased's estate.
The actual process itself isn't particularly complicated. First, the executor (the legal representative of the deceased) will need to present the will in question to a probate court. The court will then look at all of the property of the deceased in relation to their debts. Eventually (the inventory and appraisal process can take several months), this property will be used to pay off debts and taxes. The remainder of the property will be distributed according to the will.
So why might probate be denied?
If a will does not satisfy the requirements of a will in your state, then probate will probably be denied. This is a big reason why many people choose to hire a lawyer to help write their wills. If the will is written incorrectly, then it might be denied probate after their death.
In other cases, probate can be denied when the will does not accurately reflect the wishes of the deceased. If there is some evidence that the deceased had wishes that ran contrary to the will, then the court will not grant probate until the situation has been sorted out. Similarly, if some relative of the deceased contests the will and argues that it is illegitimate, probate might be denied.
What happens when probate is denied?
In most cases, the laws of inheritance are used instead. The estate of the deceased is broken up and distributed to family members. Closer family members (spouses, children, siblings, and parents) are normally prioritized over more distant relatives (cousins).
However, it is possible to contest the probate denial. If you believe that you have sufficient evidence, then you should consult a probate lawyer. Probate appeals are more complicated than you might think, so you'll want to talk to an expert before proceeding. For more information, contact a professional like those at Flaccus Law