Common Probate Problems That a Probate Lawyer Can Take Care Of
When it comes to dealing with real estate and other properties after a loved one dies, problems can often crop up. It is most especially common when it comes to wills anwalt erbrecht left behind by a deceased relative or loved one. When one is in the process of probating a will, other people interested in the real estate or other assets may complicate the process. To help you avoid complications during a time of grief, using the services of a probate attorney is highly advised.
What are common probate problems?
Altering of the will. There are many reasons why the beneficiary of a will wants to have it altered. It could be because he or she does not have the need of the estate and wants to pass it along to his or her children or other relatives. One common reason is that they the beneficiary or beneficiaries want to mitigate inheritance tax.
When one inherits real estate, an inheritance tax should be paid before the title could be transferred to your name. The problem is that this inheritance tax could be high depending on the percentage of the amount the beneficiary is receiving. Regardless of the reason, altering a will through a Deed of Variation needs court approval, which a probate lawyer can assist in.
Someone has entered a caveat. A caveat is not to be taken lightly. If someone has taken this action, the beneficiaries of the will need to consult with a professional immediately. This is because a caveat is the first step that a person takes before he contests a will. If this is not resolved, the execution of the will could be delayed for quite some time.