Who Needs Probate Lawyers?
In every probate case, the court appoints someone as personal representative of the estate. If the decedent wrote a will, the court appoints the person that the testator listed as personal representative. If there is no will, then the court usually appoints the person who petitioned the court to open the estate for probate. Everyone who deals with the probate court has the right to hire a lawyer to represent them in the probate case. This includes not only the personal representative, but also heirs, creditors, and family members who think that they have been unfairly disinherited. You have the right to represent yourself in probate court, just like you do in family court, bankruptcy court, or almost any other kind of civil proceeding, but whether representing yourself is a good idea depends on you and on the case. Ultimately, the decision to represent yourself or to hire a probate lawyer belongs to you. If the idea of managing a probate case by yourself seems overwhelming, contact a Washington, D.C. probate lawyer.
The Surviving Relatives of People Who Died During Pending Litigation
What happens to a lawsuit when one of the parties dies while the case is still going on? If it is a civil lawsuit, such as a personal injury lawsuit or a dispute over debt repayment, the case continues. Consider that the people who file product liability lawsuits after being diagnosed with terminal illnesses due to dangerous products only do so when their health has begun to decline; personal injury lawsuits are not quick, so it is common for plaintiffs in cases like these to die before the case settles or goes to trial.
When this happens, the deceased party’s estate replaces him or her in a party in the case. The estate must stay open until the case resolves. This way, the estate can receive the settlement that the defendant pays to the plaintiff. If the decedent was a defendant in a lawsuit, the probate court will keep the estate open so that, when it settles, the late defendant’s estate can pay the settlement amount to the plaintiff. These probate cases are, by nature, complex, so it is a good idea to hire a probate lawyer if the person whose estate you are representing died while involved in a lawsuit.
People Who Want to Contest a Family Member’s Will or Defend Against Such Challenges
Probate cases that involve a challenge to the will are never simple. They are, by nature, acrimonious, and both parties must invest time and money in proving that the will is or is not valid. If the dispute is between you and a family member, it is best to let your lawyers do the talking, lest you risk a permanent rift with one or more family members.
Contact Tobin O’Connor Concino P.C. About Summoning the Courage for Probate
A Washington, D.C. probate attorney can help you get through the parts of probate that involve conflict and being the bearer of bad news. Contact Tobin O’Connor Concino P.C. in Washington, D.C. or call 202-362-5900.
Source:
metlife.com/stories/legal/probate-lawyer/
