why do you need a lawyer when someone dies

Having a lawyer on your side can make a big difference when it comes to pursuing compensation for the following reasons: A lawyer can prove your loved one’s death was preventable —There are many factors that go into fatal accidents, injuries, or incidents, and it’s not always easy to determine who was at fault or whether deaths were preventable.

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What happens to a power of attorney when someone dies?

The probate attorneys at Fair Share Lawyers put together a list of steps to take and things to know when a loved one dies. If you have questions about the management of your loved one’s estate or the probate process, call us anytime at (888) 694-1761 to get answers. A power of attorney is no longer valid.

What questions should you ask an estate attorney after a death?

Here are some critical questions you should ask when you meet with an estate attorney in the wake of a loved one’s death. Is the Previous Power of Attorney Still Valid? You may have had a power of attorney for the loved one who has just died, and you may erroneously believe that the power of attorney is still in force.

Do I need a lawyer to make a will?

Managing, appraising, and selling a business are all tasks that require some expertise and experience. You'll probably want expert advice. No one is fighting. If disgruntled family members want to contest the will, or are threatening a lawsuit over the will, get a lawyer's help right away.

What should I do if someone dies without a will?

The IRS has an interest in the estate, and you should check the tax status of your deceased loved one as soon as possible. It is easy to forget about taxes when handling an estate, but the IRS will be there to remind you. If you are unsure about the tax situation, you should contact the person who handled returns for the deceased.

The Next Step in Getting Legal Help

At this point, you should have a list of four or five recommended local attorneys. Now it's time to make that first call. You should first ask to set up a face-to-face meeting but be aware that many attorneys charge for this introductory session. That's why your first question should be:

Estate Settlement

Sometimes estate settlement is one of the hardest aspects of dealing with the death of a family member. This doesn't have to be the case if proper preparation of all estate documents took place prior to the death. If you have the services of an experienced estate lawyer at your disposal, there can be even less worry and strife.

What is Probate?

Probate: the official proving of a will. The probate process is intended to establish the legal validity of a will but it involves so much more than merely confirming that the signed, witnessed, and registered copy of a will is authentic.

Why is it important to protect assets after death?

Assets need to be protected. Following the death of a loved one, there is often a period of chaos. This, coupled with grieving, presents a unique opportunity for those bent on personal benefit. It is important for the family, even before the opening of an estate, to protect all assets that belonged to the decedent.

Why do creditors have to hold the assets of the decedent?

Holding the assets of the decedent in an effort to prevent creditors from reclaiming their debt is a risky proposition. Creditors have the right, after enough time passes, to petition the court to open the probate estate themselves.

Why don't people open estates?

Many people believe they don’t need to open an estate because their loved one did not have a lot of money. The mistake with this belief is that the debts and taxes of the decedent often go unpaid while assets are distributed. The family is then surprised when a creditor or the IRS shows up looking to recover their claim.

What happens if there are insufficient assets in an estate?

If there are insufficient assets in the estate to satisfy all the debts or tax obligations of the decedent, those debts and obligations do not become the responsibility of family and friends. Many will assume responsibility, believing it is the right thing to do, but they are not legally required to do so.

What to know after death of loved one?

10 Things to Know After the Death of a Loved One. A power of attorney is no longer valid. Many people believe that, as the power of attorney , they continue to have the power to administer an estate following the death of a loved one. This simply is not the case. A power of attorney is no longer valid after death.

What is the phone number to call for probate?

If you have questions about the management of your loved one’s estate or the probate process, call us anytime at (888) 694-1761 to get answers.

What to do after losing a loved one?

After losing a loved one, your focus is on your family and on grieving the loss —not administering the estate. But there are many concerns that must be resolved to ensure your loved one’s final wishes are respected while protecting the bonds of your family. Knowing what to do before grief strikes can help you navigate the difficult time ...

Why is it important to notify everyone you know when a loved one dies?

You should also contact an estate attorney about the notification process, including required death notices in the local newspapers and elsewhere. This will provide the notification you need to protect yourself legally and prevent others from contesting the estate.

What to do if you don't receive a death certificate?

You will need a death certificate to claim certain benefits, and for the estate process as well. If you need additional copies of the death certificate, you should contact your local Department of Vital Records.

What Can I Do to Protect the Assets?

Asset protection is very important when a loved one dies, and what you do now can make a big difference later on. The death of a loved one can present a golden opportunity for individuals and companies that do not have your best interests at heart, from shady financial advisors to greedy relatives.

How Do I Handle Notification of the Death?

You should not simply assume that everyone who needs to know about the death will find out. With physical newspapers becoming rarer and rarer, you cannot rely on the obituaries to get the word out, and word of mouth may not be as reliable as you would think.

How Do I Obtain a Death Certificate?

The death certificate should become available after the funeral process has been completed, and most funeral homes will help loved ones get the documentation they need.

What happens if assets are less than debts?

If the assets in the estate are less than the debts and tax obligations, those debts do not become the responsibility of the loved ones left behind. Unfortunately, many people do not understand this, and they end up paying off debts for which they have no financial or legal responsibility.

What happens if you don't open a probate estate?

If you fail to open a probate estate, you could be liable for taxes and other claims. Even if you do not think a probate estate is necessary, it is important to discuss your options with an experienced estate attorney.

Where are the papers kept in a decedent's home?

These are the sorts of papers kept in a file cabinet, safe, safety deposit box, or desk drawer. Sometimes other family members (spouse, parents, children, etc) will have access, or some important documents may be held by a family lawyer ...

How many copies of death certificates are required?

You will need at least one for each institution, which is why the absolute minimum number of copies recommended is generally 10, with most recommendations in the range of 20-30 copies.

What is a funeral plan?

Any sort of wishes or plans regarding funerals, memorials, or body disposition

Do you need a wallet for a death?

You may or may not need all of these documents, depending on the situation. You will certainly need some identification, so be sure to get the decedent’s wallet or purse, which will most likely have photo ID and other important accounts such as insurance and financial info (see below).

What to do if someone dies and you are a close family member?

If you are a close family member of someone who died, you should contact an attorney to represent your interests ...

What to do if you question a will?

If there is a question about whether your loved one’s will or trust was done correctly, you should consider getting an attorney to represent you in challenging the legality of the will or trust. Generally, to have a valid will, a person must have had the ability to understand ...

What happens if a person is not fit to serve?

In either case, if the court decides the person is not fit to serve, your attorney could request that you, or someone else, be appointed to serve as successor executor or trustee. If there is a failure to communicate. Executors and trustees must keep beneficiaries informed of the beneficiaries’ status and the relevant terms of the will or trust. ...

What to do if you have concerns about the executor of a will?

If you have concerns about the executor’s or trustee’s actions or ability to fulfill the role. If you are concerned about the ability or capacity of the executor or trustee to carry out his or her duties, you may consider hiring an attorney to represent you. If the executor named under the will or the serving trustee is exhibiting signs ...

What to do if a court case has not been initiated?

If such a process has not been initiated, you could consider initiating the process yourself through your attorney, or you may simply want to have your attorney help you understand your rights and serve as your voice during the process .

What is a valid will?

Generally, to have a valid will, a person must have had the ability to understand that the person was intentionally creating a will or trust. In other words, the person wanted to write a will and leave instructions for how the person’s money and property should be given when he or she dies.

What is the role of a trustee in an aunt's trust?

A trustee’s role is to manage the trust’s accounts and property, pay any bills or expenses, ...

Why do you need to file probate when someone dies?

Some other valid reasons to file for probate when someone dies are: The decedent’s estate was insolvent (meaning the value of the estate is less than its debts), and you want to have the debts with creditors settled in court. You intend to dispute matters in the will or any other matter pertaining to the estate.

Why do you need to file for probate?

It is recommended that you file for probate if your loved one left any personal property and assets worth in excess of $100,000 OR if they owned individually any real property that is impossible to transfer by any other means. Some other valid reasons to file for probate when someone dies are: The decedent’s estate was insolvent (meaning ...

What is probate judge?

As a judicial process, the probate judge is essentially providing legal oversight of the transfer of assets to others, whether or not there was a final will. When a loved one passes away, it’s common to wonder whether you have to go through the probate process.

Is probate a process?

As a process, probate is broadly applicable. Many people think of probate as a process that is required when there is a will. But probate can also be involved if a person passes away without a will and has real property that needs to be distributed under the laws of intestacy (the law that dictates how a person’s assets are distributed when he or she does without a will in place). .

Can a deceased person get legal ownership of a property?

Also, remember that if the deceased owned property, there is no way for beneficiaries to obtain legal ownership of it unless they go through probate. As noted earlier, in some states, such as Washington, probate is highly desirable if there are property and assets worth more than $100,000.

Is probate mandatory in Washington state?

While technically, it isn’t automatically mandatory in Washington state, the practical realities of dealing with an estate’s creditors, heirs, and other interested parties means that using the probate process is a must.

Do You Have to Do Probate When Someone Dies?

A term frequently heard after someone dies is “probate.” Probate is the legal process used to administer a deceased person’s estate by gathering assets, settling debts, and ultimately providing financial distributions to members of the family. As a judicial process, the probate judge is essentially providing legal oversight of the transfer of assets to others, whether or not there was a final will. When a loved one passes away, it’s common to wonder whether you have to go through the probate process. While technically, it isn’t automatically mandatory in Washington state, the practical realities of dealing with an estate’s creditors, heirs, and other interested parties means that using the probate process is a must.