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Grieving the loss of a loved one is hard enough without dealing with the intense and costly experience of probate. If you have lost a friend or family member, you have our deepest sympathies. We understand that this time of mourning is extremely challenging and that administering the estate only adds another layer of stress and difficulty. If you are going through the Indiana probate process following the death of your loved one, you may be facing several enormous tasks, such as inventorying the estate, dealing with creditors, handling disputes among beneficiaries, and the stress and paperwork that come with these problems.
Please don’t feel that you have to go through the probate process alone. Contact our talented legal team for attorneys who understand Indiana probate law and can simplify the process for you. Call (765) 684-4355 immediately for outstanding legal counsel and representation.
What is Probate?
When a person dies in Indiana, their estate must be distributed according to the law and the wishes they left behind in their will. Probate is the legal process when a court assists with disbursing funds to creditors, taxes, and beneficiaries. Probate is not always necessary. There are some cases where an estate is small enough that probate is not required. Also, if the individual had their assets held primarily in trusts, probate may be simplified or even eliminated. There are additional cases where we can use unsupervised administration or supervised administration to limit how much of the estate is exposed to the probate procedure. Many lawyers warn against probate and work hard to ensure that an estate is protected from this legal process. This is because probate is a lengthy procedure that can take months, placing a heavy burden on the family’s time and finances. Because probate is a public act, the estate also goes on the public record, affecting the family’s privacy.
What Are the Steps that Occur During Probate?
While every probate case is unique, some steps must be taken no matter what assets are in the estate.
Some of the steps that must be taken during Indiana probate are:
- Validating the decedent’s will
- Inventorying the deceased person’s assets
- Appraising valuables to determine the value of the estate
- Notifying creditors that probate is taking place
- Paying creditors, including any debts such as a mortgage
- Preparing and filing estate taxes
- Handling disputes among beneficiaries
- Distributing remaining assets to beneficiaries according to the deceased person’s wishes or according to Indiana law if the person died intestate (without a will)
How Can a Probate Lawyer Help?
With the many steps of the probate process, it is understandable that friends and family members of the deceased person would want to resolve the legal issue of probate as quickly as possible. It is always a tremendous relief when probate proceedings are finished and the family can return to their everyday lives. However, without an attorney, matters can become complex, costly, and drawn out much longer than needed.
Some of the tasks a probate attorney can assist with are:
- Proving the will is valid
- Getting an accurate inventory of assets in the estate
- Mediating disputes among beneficiaries
- Preparing and filing taxes
- Communicating with creditors and handling repayment of debts
- Distributing assets according to Indiana law
- Ensuring the deceased person’s wishes are carried out
- Supporting the executor in their duties and responsibilities
Not having a probate attorney may lead to severe problems. Should complicated tax situations arise, the family could lose thousands of dollars in unnecessary taxes. Ambiguous language in the will could cause disputes, resulting in bad feelings and family rifts that continue for years into the future. Having a lawyer can also prevent inappropriate assets from being given to minors or individuals unprepared to handle that kind of wealth.
Your lawyer can also ensure that all creditors are repaid, so the family doesn’t have to shoulder the burden of debt. Finally, if the decedent left behind minor children, an estate planning lawyer can ensure they are placed in the proper home according to the wishes of the parent who died.
If you are facing the probate process and need legal help from talented, compassionate lawyers, please contact us immediately to avoid the stress and trauma of probate on your family.
Should You Hire Our Probate Attorneys?
At this difficult time of mourning the loss of your loved one, the last thing you need is to be burdened with completing the probate process without legal assistance. At Beeman Heifner Benge P.A., we believe every family deserves excellent legal counsel and representation when navigating the complex Indiana probate process. We have helped countless clients through Indiana probate, and we want to give you the benefit of counsel based on our years of experience. We promise to ensure that every step is completed properly according to Indiana law so you don’t face any legal issues in the future. We will listen carefully to your concerns to ensure that all legal decisions are according to your loved one’s intentions.
Please get in touch with us right away for a free consultation to see how we can help with your probate needs. Our lawyers have decades of combined experience, and they have the know-how to protect your family from the risks of probate. We want to help you have the least stress and expense possible while avoiding issues with unpaid debts and taxes. Don’t delay; call our talented legal team today at 765-684-4355 for a free case evaluation with our knowledgeable probate lawyers.
