5 Reasons to Hire a Probate Lawyer

Many people will find themselves faced with probate at some point in their life. This can be a confusing and stressful time, especially when a loved one dies without leaving a will. Navigating the probate process can be complex, but consulting an experienced probate attorney can make the process a lot easier. 

Many people do not understand what “probate” is, though they’ve heard the word before. Probate is a legal, court-supervised process by which a deceased person’s estate is settled. The probate process includes the collection, inventory, appraisal, and distribution of assets and the paying of any outstanding debts and taxes owed by the deceased. The probate process is overseen by a personal representative either named by the deceased person in their will or, if the deceased did not leave a will, appointed by the probate court. 

I’m Attorney Robert Fricker. At Fricker Law, I support individuals and families across Milwaukee, Ozaukee, Washington, and Waukesha counties with expert probate and estate planning legal services. Below are just a few of the many reasons you should consider consulting a Milwaukee probate lawyer.  

Here are Five Reasons You Should Consider Hiring a Probate Lawyer

Get Answers to Your Questions. As a personal representative you are bound to have a lot of questions. An experienced probate attorney can not only answer your questions, but help you explore your options, give thoughtful advice, and lend a listening ear as you make your way through what can be a challenging, emotional, and complex time. The more experience your probate attorney has, the better equipped they will be to support you.

Ensure you Don’t Miss Important Steps. Depending on the complexity of the estate, what type of estate planning documents the deceased had in place, and whether the will is contested, the complexity of the probate process can vary widely. Some estates only go through a simple probate process, most of which can be done by mail. Other estates may be subject to a lengthy, costly, and complicated probate process. In either case, one of the most important things you can do as a personal representative is to ensure you are completing your necessary action items correctly and in a timely manner. An experienced Wauwatosa probate attorney knows what will be expected of you in your role and can provide a second set of eyes to ensure everything can run smoothly or, if challenges occur, they are dealt with efficiently and effectively. 

Find Support in Your Role as Personal Representative. If you are named the personal representative of an estate, you will want to seek the expert counsel of a probate lawyer (preferably the one associated with the estate, though you may also wish to consult an uninvolved attorney). The personal representative has a big job: it is their role to oversee each step of the administration process, from notifying pertinent parties that the person has died, to setting debts and paying taxes, inventorying assets and distributing them to loved ones, closing accounts, the list goes on. Many people who fulfill the role of personal representative have no legal experience, so having an experienced probate attorney on speed dial will be crucial to ensure questions get answered, documents are filled out correctly, and nothing gets missed. 

Know What to Do if Your Loved One Died Without a Will. When a loved one dies without leaving a will, your grief and stress can be amplified by the complicated legal processes ahead. Without a will, it is left to the State to determine how the deceased person’s estate is settled. Any decision that would have been outlined in the will, from who is named personal representative of the estate to who is named guardian of minor children to how assets are distributed and debts are paid, are subject to State of Wisconsin law and the probate court. The decisions they make may not match your preferences or what you believe to be in the best interests of all parties involved. A probate lawyer can help you navigate this stressful process, answer questions, and advocate on your behalf when appropriate. 

Navigate the Estate Planning Process. You don’t have to wait until after a loved one passes or until you are named personal representative of an estate to consult a probate attorney. In fact, it’s smart to talk to one as soon as you decide you want to plan for your future. Probate is just one part of the umbrella of estate planning, a process that includes making a will, drafting powers of attorney for healthcare and finances, perhaps creating a trust, and much more. An estate planning attorney who is also a probate expert can help you draft your planning documents in a way that will minimize the impact of the probate process for your loved ones after you pass away. They can help you at every step of the way, from initial drafting of your will, to updating your plan as your life changes, to navigating probate and other outcomes as life moves on. 

I’m experienced Estate Planning and Probate Attorney Robert Fricker. At Fricker Law, I proudly serve clients just like you in Milwaukee, Wauwatosa, Brookfield, Waukesha, Menomonee Falls, Germantown, Franklin, and surrounding communities. I’m proud to lead Fricker Law Office, my family business which has served the greater Milwaukee community for more than 65 years. Our extensive experience makes us the preferred choice for those looking for a Milwaukee probate attorney. For answers to your questions or to schedule an appointment, give us a call today.