Aurora Probate Lawyer
Probate can be a very difficult process for families. The process itself is complicated and challenging, even when the deceased has done thorough estate planning. Dealing with the emotions of losing a loved one, given how soon probate happens after someone has passed, can make it even more challenging. These emotions can often lead to tension and disputes. Working with an Aurora probate attorney, however, can help you by allowing you the freedom to grieve while we handle the legal aspect.
At Burr Law, we help families through all levels of estate planning and probate. We understand both the legal complexities of the probate process and the difficulties in working with grieving families. We can help smooth out the probate process for your family by handling your case with the care and sensitivity that your family may need during this time of grief.
What an Aurora Probate Attorney Does
There are several different roles that a probate attorney can take on in support of their clients. What unites these roles, though, is that they are meant to help ease the probate process and help families and executors or administrators of the will through the process. Some of the things that we do in support of this role include:
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- Legal Guidance. One of the most significant issues with the probate process is that people aren’t aware of what it entails. We help make sure that everyone understands the steps involved and how it will typically unfold. Issues like estate administration, debt settlement, asset valuation, tax implications, and others could come up during the process and require legal advice to handle. We can help work through these issues and explain the implications and options involved.
- Document Preparation. The probate process will involve a number of different documents regarding the estate, inventories, notices, petitions, and more. We can help prepare and manage these documents. It’s important that they are compliant with the legal requirements and that they are turned in before any deadlines. We can ensure that the documents are complete and get to where they need to be on time.
- Executor Support. The probate process is usually led by an administrator when there is no will or an executor when there is a will. These people are likely to need guidance and support throughout this process, which are two things we can provide.
We can ensure that they meet the legal and fiduciary duties involved in their role. Additionally, we can give them advice on how to conduct certain aspects of the process, as we can call on our experience to help them better understand their duties and options.
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- Estate Finances. The probate process requires payment of certain debts, taxes, administrative costs, and other expenses. An attorney can help oversee this process and ensure that all transactions are documented correctly. Any errors in this process can lead to unnecessary delays and expenditures, which we can help you avoid.
- Tax Issues. There are usually some state and federal tax deductions, credits, and exemptions that you will want to be sure to take advantage of during the probate process. We can help you develop a strategy that can minimize tax liability, which in turn ensures that more of the estate’s assets are distributed to the beneficiaries instead of used to pay taxes.
- Asset Distribution. One of the most significant aspects of the probate process is asset distribution. This is when the assets that remain after addressing debts, taxes, and other expenses are distributed to the various beneficiaries according to the wishes of the deceased. We can help work through this process by ensuring that the identifying valuation and transfer process aligns with the applicable laws.
- Resolving Disputes. Unfortunately, there are often situations where the beneficiaries were expecting something from the will and asset distribution that didn’t align with what was prescribed in the will. When this happens, there may be a dispute. In some cases, this can go so far as to end up in court and need to be argued before a judge.
However, there are also times when the involvement of a lawyer may help settle the situation before it reaches that point. We understand the applicable laws and also have significant experience in negotiating and reaching settlements. The combination of these may help in avoiding litigation.
- Compliance. Throughout the entire probate process, it’s critical that everything is done in a way that complies with the relevant federal and state laws. Reporting and verification need to occur. Even in the process of selling an asset to pay debts, there are procedural rules that need to be followed. We can help your probate process stay compliant, reducing delays and other potential issues.
- Estate Planning. One of the surest ways to avoid terrible issues in the probate process is to have a thorough plan in place ahead of time. We can help you make that happen through tools such as wills and trusts.
A plan that addresses the specifics of asset management, tax implications, guardianship for minor children, and other concerns can be critical for smoothing out the probate process. They also give a person more control and influence over what will happen when they are gone. In particular, it can reduce the likelihood of disputes and tension, which can be a great help to the surviving family members.
We Can Help Your Family Through Probate
The probate process can often be a challenging one. It comes so soon after a loved one has passed that, for many people, the emotions of the situation are still very raw. This, on top of the complexity of the process, can often lead to tense situations and disputes. Even if the emotional tension doesn’t create issues, a correctly running process can still be complicated and challenging to navigate.
Working with someone who understands the probate process and the legal requirements is crucial in helping navigate tensions and ensure that all the necessary steps are being followed correctly. At Burr Law, we understand the many ways that probate can be challenging. We also understand the process and how to help families avoid many of the pitfalls and issues that come up during probate. If your family is looking for someone to help them through probate, contact our team today.