Estate issues can, unfortunately, arise after family members pass. We've all heard stories of long lost siblings or family members being left out of wills. Problems like these and others make the grieving process exponentially more complicated, and feelings of resentment or old family tensions can arise. Luckily there is an entire discipline of law dedicated to resolving these issues, in addition to experienced professionals to guide you through this challenging situation. Read on to learn about the professionals you need to hire to settle estate issues or prevent them altogether.

What Do Probate Lawyers Do?

Probate is the process of authenticating a testament, provided that the deceased has prepared one before their death. Probate lawyers are in charge of locating and calculating the value of the testator's assets, paying their final taxes, settling their bills, and distributing the estate to the rightful heirs. Probate is the process whereby the court certifies that the will left behind after someone passes away is legal and figuring out the value of the deceased's assets, and distributing them to their living relatives following the will. Before the lawyers allocate the assets, the court makes sure the deceased didn't have any outstanding debt or taxes on those assets.

What Are Heir Hunters? What Do They Do?

Some professionals offer their search services, which means they will track down all surviving heirs if someone dies without leaving a will. These "heir hunters" are often genealogists who conduct interviews and track down genetic and historical records to identify the family tree's surviving members. These researchers can access the continually growing world of subscription internet services and use these services to find an heir, which can be essential when someone doesn't leave a living trust or a will before passing away. Some offer hourly rates and do not take a percentage of the assets in the will. After they finish the comprehensive research, they report all the findings to you in a court acceptable format. Amazingly, they also customize your heir search according to your timeframe and budget.

Reasons Behind Inheritance Disputes

1. Failure of Intentionality: When someone is under the assumption that they've been left out of the will accidentally. Mistakes like these happen when there are communication errors between the people handling estate documents and inherent property rights. Or when there hasn't been a recent update to the family history in events like divorces, adoptions, or births. More often than not, there are communication issues between family members.
2. Perceived Inequity: When family members feel the intentions in the will have shortchanged them. For example, if an adult takes on the responsibility of taking care of the decedent through a terminal illness, using their resources or income. After the person passes away, the caretaker discovers their share is equal to their siblings, causing a rift and tension.
3. The decedent falls victim to a scam: It is found that their relative was scammed during their lifetime after the loved one's death. Health care aides can act in a predatory manner to an elderly patient to gain power of attorney and control their financial assets. Alternatively, an estate executor or trustee breaches their fiduciary duty by self-dealing, mismanaging assets, or overcharging for services. Or if the estate manager breaks the law and mismanages the assets. Even worse, they could steal from the decedent.

The Role of Estate Planning Attorneys in Preventing Estate Issues

The best way to steer clear of estate issues is a preventive one, to avoid them before they even happen. This means start when you are young, rather than putting it off and waiting till you get old. Look at estate planning as an ongoing process that is continuously reviewed and revised to keep up with your family changing over the years. Communication is critical, especially with your family while you are alive. Don't rely on a piece of paper that will be read after you pass. Share with your family your intentions and hopes of what you want after your passing. Be on the lookout for possible disputes among your family. For example, if you notice growing sibling rivalry or family feuds, try to solve them early. Or give that information to your estate planning attorney to ensure your will is not contested or challenged in any way after your passing.

The most important thing to remember when it comes to estate planning is that it's best to get a head start on it while you are still of sound body and mind. If you end up needing estate or probate lawyers to solve specific issues, then it's best to disclose all the info you have to them to settle the problems quickly and amicably.