Probate issues typically arise when a person passes away and leaves behind property or assets, such as money, stocks, bonds, real estate, and more. The probate process ensures that these assets are distributed according to the deceased individual’s wishes, as laid out in their will.
Dealing with probate issues is draining and emotionally exhausting, especially when grieving. Luckily for Norman, OK, residents, there’s a law firm with extensive experience. Seda Law Firm, run by estate attorney Roberto Seda, has all the tools you need to go through probate issues as stress-free as possible and come out of them successfully.
What Are Probate Issues?
Probate is settling a deceased person’s estate, including distributing assets and paying off debts. Probate issues typically arise when there is disagreement or confusion about a will or other matters related to the estate.
These issues can include questions about who is entitled to inherit the property, how much money each heir should receive, and any disputes over the will or estate. In some cases, probate issues may arise due to an outdated will or a lack of clarity in the document’s wording.
In other cases, disagreements may develop between family members or creditors regarding how assets should be distributed or who is responsible for certain debts.
Some Probate Issues That Might Arise
When The Person Lives Out Of State
When the decedent lived in another state, complications can arise concerning which court should oversee the probate process. Depending upon where the assets are located, it may be necessary for an out-of-state court to have jurisdiction over some matters.
Generally, probate is handled by the court in the county where the decedent lived. Still, in cases where assets are located in different states, it may be necessary to open a separate probate process in each state.
The Person Died 5 Years Ago
Probate issues may arise if an individual died more than five years ago. The estate of a person who has been deceased for more than five years must go through an “ancillary probate” process to transfer assets, including real estate and bank accounts, to the heir or heirs.
Disputes Over The Will
Unfortunately, disputes over the will are not uncommon. If one or more of the beneficiaries feels like they have been treated unfairly, the court may need to get involved to resolve disagreements. In certain cases, a lawyer may need to be hired to represent the interests of all parties involved.
How To Avoid Probate In The Future
The best way to avoid probate is by having a comprehensive estate plan. A qualified estate attorney like Roberto Seda can help you create an effective and legally binding will and other documents that may be necessary to protect your assets.
Creating a trust or transferring assets into joint tenancy with a trusted person who’ll outlive you are also good ways to avoid probate. If you already have an estate plan, it is important to review it periodically. As your life changes, so should your estate plan so that it continues to provide the protection you expect.
Norman, OK’s #1 Estate Planning Law Firm
Probate issues can be complex, but understanding the process and being aware of potential issues can help ensure that the estate is settled quickly and fairly.
By working with Seda Law Firm, you can reduce the chances of any issues arising during the probate process and ensure that the decedent’s wishes are respected. Contact Roberto Seda today to learn more about how he can help you with your probate needs.