It is not often that you will require a probate lawyer's help, but it pays to find out why you need their services. One of the first steps, when you're implementing an estate, is to hire a probate lawyer in Denver and you will need someone who is familiar with both state and local probate law. In unusual cases, if the estate doesn’t have too many assets, you will be able to manage without a lawyer, but that is the exception rather than the rule.
There are a number of questions to ask before you engage the services of this type of legal professional. Here's a look at some of them.
- Would the will be contested? The primary concern with drawing up a will is whether the family members would go by the will or contest it. If the family members get along, then there is nothing to worry about but if someone should disagree, you need a lawyer.
- What does the estate contain? Does the estate contain only common assets like a home, bank accounts, vehicles and household goods or does it also contain businesses, commercial real estate and other high-value assets? If the latter is the case, you will need the services of a probate.
- Will the state qualify for small estate procedures? If the estate can qualify for small estate procedures and can be managed with an entirely out-of-court process that doesn’t require a lawyer, then you can opt to operate with a simple affidavit. But, this also depends on the laws of each state, which varies.
- Does the estate owe state or federal taxes? The reality is that almost 99.7% of estates do not owe federal taxes and you only need to worry about state tax of the state where the deceased lived. This requires a legal expert, at the very least.
- Does the state have enough money to pay its debts? If the estate has debts and there is not enough money to pay all of them, get the opinion of a legal expert as he will be able to tell you which debts to pay. Some states give priority to some creditors over others.
These are some of the reasons to get the assistance of a probate lawyer.
