A Burlington probate attorney should provide representation to parties who have a vested interest in the outcome of probate proceedings. Probate occurs following most deaths, and it is a formal process for transferring assets. The process can be complicated because there are legal requirements to follow and steps which must be taken in court. An attorney can provide assistance to those who must play a role in probate.
The Law Offices of James A. Miller, P.C. provides invaluable assistance to anyone whose loved one has passed away and who is involved in the probate process. We also provide guidance to those in charge of overseeing and managing probate. Finally, we offer help to people in creating an estate plan to avoid probate so family members and loved ones do not need to go through this court process. To find out more about the ways in which a Burlington probate attorney can help you, give us a call today.
Who Should Have a Burlington Probate Attorney?
You should have a Burlington probate attorney if you have been asked to serve as executor of the will. Executors have one of the single most important roles to play during the probate process. An executor is responsible for actually filing the appropriate court paperwork and for overseeing the entirety of the formal steps of the probate process. Because of the tremendous responsibility that executors have, and the fact the law imposes a fiduciary duty on executors, having qualified legal representation is essential.
An executor is named in the will by the deceased person. The executor has to get the probate process started by filing court paperwork in the appropriate court. Mass.gov has information on probate courts in each county in Massachusetts and on the forms to be filed. The probate process will happen in the county where the deceased person lived.
The executor also has to do many other things while the estate is probated, ranging from managing the assets owned by the estate to filing taxes to providing appropriate notice to all creditors and potential heirs. Depending upon the size of the estate, the number of creditors, the number of family who must be notified, and the type of property which must be managed, this entire process can be very challenging for executors. If valuation is necessary, such as when the estate is a large one and there is the possibility for estate taxes, it is also the job of the executor to secure necessary appraisals.
Executors can also face additional responsibilities in situations where the validity of a will is challenged. Under these circumstances, an executor absolutely needs to find an attorney to help defend the will. Ideally, however, everything will go smoothly and the executor will simply have a lawyer advising and guiding him from day one as he moves the will through probate.
Others Who May Need a Burlington Probate Attorney
While the executor is the person who must needs a Burlington probate attorney, the executor is not the only one who can benefit from getting the right legal help during the probate process.
Anyone who thinks there is a reason to contest a last will and testament should have a lawyer helping them to understand the process of will contest. If the deceased person’s wishes are really not being reflected in his last will and testament, you don’t want to just sit by and allow assets to go to people who the deceased would not really want to give them to. Instead, you should make sound legal arguments with the help of your lawyer so you can make the best possible case to convince the court to invalidate the will.
Those who are going to be inheriting money or property also should strongly consider having a Burlington probate attorney help them during probate. This makes sense because beneficiaries want to protect the inheritance they have been gifted with. You don’t want any problems or delays to reduce the value of the inheritance you rightfully should receive. An attorney can look out for your interests and take action if your rights are being violated as the estate moves through probate.
Getting Help from a Burlington Probate Attorney
If you want help from a Burlington probate attorney, you should find a trusted lawyer who has a reputation for caring about clients. The Law Offices of James A. Miller, P.C. is here to provide you with the advice and advocacy that you need to fight for your deceased loved one’s wishes and to fight for your own inheritance. Give us a call at 866-370-3888 or contact us online to find out more about how a probate attorney can assist you throughout the entirety of the Massachusetts probate proceedings.
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