Probate Lawyers in Hilton Head, SC
The Hilton Head South Carolina probate lawyers at the Jolley Law Group work with families who need help navigating the probate process after a loved one has passed away. Probate is the process by which a will is validated or authenticated by the courts after a person passes away. During the probate process, the will is brought to the court, along with supporting documentation to show the person has indeed passed away. Assets and property must be accounted for, appraised, debts must be paid, and creditors notified. Taxes must also be paid. Once all requirements have been met, the remaining assets and property of the estate can then be appraised and distributed to heirs and beneficiaries.
If a loved one has recently passed away, you and your family may be grieving. The thought of navigating the court system can feel overwhelming. The Jolley Law Group and probate lawyers in Hilton Head, South Carolina can help you navigate the probate process.
Problems that can Arise During Probate
What are some problems or issues that can arise during probate? In most cases, probate can be a simplified process that involves satisfying court requirements and documentation. It can still be helpful for some families to receive legal help during this process. But sometimes, problems can arise during probate that can make the probate process more complicated. What are these?
- The will is challenged. Individuals may update their wills from time to time, but sometimes individuals make major changes. If these changes result in one family member getting less than he or she would have otherwise received, the will might be challenged in court. If family believes the will was written under the influence of another individual when the person was incapacitated, this can lead to a will being challenged. Another situation could be where there are multiple versions of a will and there is a question of which one was intended to be the valid one. When a will is challenged, this can create problems during probate. The Jolley Law Group is a Hilton Head, South Carolina probate law firm that may be able to help you if your family is facing issues with probate.
- Problems with the executor. The executor is often named in the will, but if this person doesn’t want the duty or if this person violates the trust of the job (commits fraud), then there can be problems with probate. The executor has a duty to honorably handle the affairs of probate and to honor the wishes outlined in the will. Often this is what happens. But sometimes, things can go wrong. The Jolley Law Group is a probate law firm in Hilton Head, South Carolina that can help you if you are facing problems during probate.
- Disputes over property not named in the will. Sometimes there is property that is of sentimental value that may cause disputes. If the property isn’t outlined in the will, family members can sometimes dispute who might receive this property. Other issues can involve disputes about the value of property. The Jolley Law Group is a probate law firm in Hilton Head, South Carolina that may be able to assist you.
- Disputes about validity of creditor claims. Sometimes creditors may come forth claiming debts that were previously unknown. If there is a dispute about the validity of a particular creditor’s claim, the Jolley Law Group in Hilton Head, South Carolina may be able to assist you.
These are just some of the issues that can arise during probate. The Jolley Law Group is a probate law firm in Hilton Head, South Carolina that can help your family navigate the probate process. We are here to help.
Contact a Probate Lawyer in Hilton Head, South Carolina
If you have lost a loved one, please accept our deepest condolences. Putting the final affairs of a loved one in order can be incredibly stressful. The Hilton Head, South Carolina probate lawyers at the Jolley Law Firm may be able to assist you. Our probate lawyers can help you put the final affairs of your loved one in order and assist you should probate disputes arise.
The best way to prevent probate issues from arising is to address them during the estate planning process. Are you in the estate planning process and need a power of attorney lawyer to help you with estate planning or the writing of a power of attorney to assign a person to manage your financial and medical affairs should you become incapacitated? This person may also serve as an executor of your estate and help you manage the probate process. Reach out to the power of attorney lawyers at the Jolley Law Group in Hilton Head, South Carolina today.