Validating the Will and Other Important Roles
Probate administration is the act of actually taking a will through the
probate process, and it usually begins with the tricky yet crucial task
of validating the will. If you are the executor of a loved one's will
and are already feeling the pressure of being in charge of probate administration,
the time to
contact our Raleigh probate attorneys at Hopper Law Office is now. With more than 30 years of collective legal
experience, we would be happy to walk you through this process, and even
represent you in probate court should the need arise.
(919) 876-3300 today to seek the professional representation you require.
Valid Reasons to Challenge a Will
Every will, no matter how soundly it was drafted and finalized, needs to
be validated through probate administration. If it has been created correctly,
this could be a relatively quick process, taking days or weeks, depending
on the size of the estate. If it has not, you should expect delays, sometimes
months or even years as interested parties appear to challenge the will's validity.
A will may be deemed invalid for several reasons, including:
Lack of understanding: If the argument can be made that the decedent did not have sound mind or
comprehension of what the will dictates, the entire document could be invalid.
Fraudulence: It is not unheard of for someone to exert undue pressure upon a testator
who is making a will so that they benefit from inheritance. Such acts
could be considered fraud and damage the validity of the will.
Questionable distribution: How property is distributed in a will can be a sign of its own validity.
If all of it goes to a third cousin the family of the decedent hardly
remembers, for example, something strange might be taking place.
As executor of the will and head of probate administration, it will be
your job to make certain that the will is properly reviewed and that it
is indeed legally sound. Once everything is in order, you can proceed.
Debts Paid and Distributed Property
As soon as a will is deemed valid, you can start actually considering what
property exists in the decedent's estate, and what may be its total value.
Friends and family who are named in the will are sure to be excited to
collect inheritance as one last gift from a person they held dearly, but
the distribution cannot begin right away. Instead, you will have to consider
debts and taxes owed.
In many cases, creditors have first say to property value in an estate.
For example, if the decedent owes $10,000 to a creditor, property may
have to be sold off at auction until $10,000 can be given to them. It
might also be possible for a creditor to directly collect a piece of property,
which is common for real estate and automobiles that have not been entirely
paid off. Once creditor debts are satisfied, the remaining property can
be distributed accordingly.
Raleigh Probate Attorneys You Will Trust
Probate administration can truly be a daunting task for someone who is
not wholly familiar with litigation and legislation. Even if you do believe
you have a solid grasp on what needs to happen, it can be real trouble
finding the time. By working closely with our law firm, you can take a
stress-free approach to probate administration and allow us to manage
as much as we can.
Schedule your initial consultation