As a saying goes you can’t take things with you once you die. However, probate lawyers in Melbourne can help surviving family members to apportion the assets and settle your debts once you’re gone, with or without a will. A probate lawyer, also known as trust or estate lawyers,will help an executor or administrator of your estate to handle the probate process. They also help in the estate planning, like drafting your will; recommend powers of attorney; or even act as the administrator or executor.
Why Hire a Probate Lawyer with a Will?
If the deceased has already drafted his or her will before he or she dies, things can run down smoother. If one dies with a will, his probate lawyers in Melbourne can be hired to advise the living parties with a beneficiary or the executor of the estate on different legal matters. For instance, the probate lawyer can assess if the will was secured before it was signed or was written against the best interests of every individuals. Like elderly people with dementia, they can be susceptible to undue influence of individuals who have vested interest over the estate. There are countless reasons why the wills are challenged, but most of these can undergo probate with no problems.
Hiring a Probate Lawyer with No Will
If you die without any written and signed will, you are said to have died intestate. When this occurs, your estate will be apportioned based on the intestacy laws of the state where your property lives, despite your wishes. For example, your surviving spouse can receive everything, as stipulated in many intestate laws. However, the ruling can vary from state to state.
In these types of situations, probate lawyers in Melbourne can be hired to aid the administrator of the estate so the assets can be apportioned accordingly to state laws. The probate lawyer can function on your behalf, but is still liable to state intestacy laws, despite what the family members need or the wishes of the deceased.
To be become the estate’s administrator, a relative has to secure renunciations from the deceased’s other relatives. A renunciation is a legal statement renouncing the right of one to handle the estate. If you hire probate lawyers in Melbourne, they can help obtain and file these statements with a probate court, and then help the administrator with the probate process.