If you are an elderly person or you have an existing condition that may lead to an untimely death, chances are you have looked into getting a will drawn up to handle your assets when you pass on so that your loved ones will have clear instructions of what you want. However, there is an additional step that you could take to make sure that the will is validated more easily and less able to be contested after you pass, and that is getting a probate lawyer from Longmont to help you go over your will. Here are some basics you may want to know about this process before you begin.
When you set up a will, you have the ability to name an executor or multiple executors to make sure that your will is carried out and the estate is distributed appropriately. However, if one is not assigned, there will be a requirement after your passing to arrange for an administrator that is related to you by blood. For a will to be executed, a Grant of Probate or Letters of Administration is usually required. If you name executors of your will, they will get the grant that allows them to access your assets and gives them the power to do things such as sign legal documents, sell your home and more.
The probate process takes between six and nine months to complete, and it all depends on how simple it was based on estate affairs, whether or not there was a clear will, how many heirs there are and more. Things that can delay the process may be an unclear will or disputes regarding the ownership of certain assets or whether or not some people should be named heirs. Because of all of this, getting a lawyer to help you set up your will correctly should be an essential process when you are getting your affairs in order, because they can help advise on the best steps to take in order to make things easier once you pass on.
Another consideration on the amount of time the process may take is what is going on in the executors’ lives outside of this issue. Chances are, the people you name in your will have families, work and other obligations that they may find difficult to set aside to handle the probate proceedings, and this could factor in to some of the delays. This may be something to mention to your lawyer as you are setting up your will, as they may have some ideas for getting around potential future problems.
Although it isn’t something that most people commonly want to think about, the division of your assets after you pass could be very important, especially if you have family that you want to be protected and cared for. With the use of a will and a probate, you could help ensure that your family gets the benefits from your estate once you pass on.