The probate process usually occurs after the death of a loved one, and it helps facilitate the transfer of their assets to their heirs. It is possible to probate your will before you pass on, but problems sometimes arise. However, an experienced lawyer can help you navigate through the probate process and avoid common issues like the ones listed below.

3 Problems That Occur During Probate

1. Compliance 

When writing a will, someone is named by the creator of the document to be the executor of their estate once they pass. This role comes with a lot of responsibility, including distributing assets to beneficiaries and managing the deceased’s property. However, the named executor may not be willing or able to fulfill their obligations. Before naming your chosen person, you can ask them if they are willing to take on the role, and your lawyer can explain what is expected of them so that they can make an informed decision.

2. Validity

Sometimes heirs feel as though the will is unfair, that it was created while the deceased was under duress, or that was created under fraudulent conditions. In this situation, they may contest the validity of the will. The person will need to prove their claims, and it will likely put inheritances at stake for the executor of the estate and other heirs. A lawyer will defend the will, and its accuracy to ensure the wishes of the deceased are honored.

3. Debt

Ideally, all debt will be cleared before death, but that isn’t always feasible. If you leave small bills behind from a cable provider or credit card, the executor of the estate may pay them on your behalf with the funds left in your bank account. However, if there is a considerable debt that needs to be paid, the executor is tasked with selling the deceased’s property to pay creditors. However, the chosen property may be part of an heir’s inheritance. This is a challenging situation for an executor to handle, but a probate lawyer can help identify the best assets to cover bills while still being fair to the beneficiaries.

If you need help navigating through the probate process, don’t hesitate to contact the lawyers at The Law Offices of Bromm, Lindahl, Freeman-Caddy & Lausterer. Based in Wahoo, NE, these attorneys have years of experience representing clients across a broad range of legal matters. Whether you need counsel for estate planning, family law, civil litigation, or elder law, they will provide you with knowledgeable representation. Call (402) 443-3225 to learn more about their services or visit them online today.