Probate is a necessary process in Kentucky to ensure that your assets are transferred according to your will, or, if you die with no will, according to state law. As you might imagine, probate can be quite complicated. If you are going through probate in Scott County, it should not be handled without the help of a qualified probate lawyer in Georgetown, KY.
At Bunch & Brock, we have a team of experienced Georgetown probate attorneys ready to assist you during this trying time. We encourage you to reach out to us so that you can get the professional legal counsel you and your loved ones deserve.
What Is Probate?
Probate is the legal process of distributing assets after a person’s death. The court appoints an executor who oversees the probate process and distributes the deceased person’s property as designated in their will.
It can be difficult for families to agree on how to divide an estate equally, which often happens during probate. Wills can also create conflicts between family members, making probate necessary to resolve these issues. Additionally, sometimes guardianships need to be decided in probate court.
If you need probate services in Scott County, we invite you to call our probate attorneys in Georgetown. At Bunch & Brock, we are very familiar with probate procedures and strive to make the process as easy as possible for you and your family.
Contact a Georgetown probate lawyer at Bunch & Brock today if you have questions about probate or are looking for representation in your case.
Asset Distribution
The distribution of assets upon death is typically handled through the probate court, with an executor or personal representative appointed to oversee the process. An executor’s duties typically involve inventorying and appraising all assets of the estate plan. This includes paying creditors of the estate and distributing remaining assets according to the will or intestacy laws.
The distribution of assets is not always straightforward, which is why it’s so important to secure legal counsel during this time.
If there are multiple relatives who are entitled to some share of an asset, it must be divided fairly and without partiality. Problems can arise if a family member dies before distribution has been completed and their share reverts back to the estate for redistribution.
Potential Conflicts with Wills
There are times when a person has a will that leaves out beneficiaries or assets. This can lead to conflicts and fighting among the heirs. To prevent this, some people choose to have a trust created, which will mention who should get what in the event they are deceased or cannot provide direction on their own behalf.
Guardianships and Probate Court
If you know that there is a need for a guardian for your children or someone else, it’s important to address this issue in your will. Otherwise, that duty will be passed on to the probate court. Probate courts can only make decisions about guardianship if you have not already named one in your will.
In many cases, the guardian’s duties are well outlined in your will. However, they can also be determined by what is best for the individual or family involved. You should consult with an experienced probate attorney to determine how the guardian should be compensated and whether they have sole decision-making power.
Other Risks of Not Having a Firm Handle Your Probate Matter
Too often, people try to handle probate matters on their own because they feel like consulting an attorney is too expensive or not worth the hassle. However, if you don’t hire an attorney, there are several potential problems that may arise:
- You might not be able to transfer all of your assets in a way that is beneficial for beneficiaries.
- The process might take longer than necessary and could result in greater legal expenses.
- There could be hidden assets that you are not aware of.
- You might have to pay high taxes (especially if there is a large estate).
- Your family members might get into a fight over something as simple as who gets to keep the house.
Wouldn’t you rather avoid these potential risks and have your probate process go smoothly and without issue? The good news is that you can when you call Bunch & Brock for all of your probate needs.
Contact Our Georgetown Probate Attorneys Today
If you have questions about probate, we’re ready to help. Please contact our Georgetown probate attorneys today at 859-254-5522.
Attorney Matthew Bunch
Matt handles complicated bankruptcies and debt restructuring in Chapters 11 and 13 for both individuals and companies. He has also negotiated with multiple creditors on behalf of his clients to avoid bankruptcy. Matt is the firm’s lead litigator and handles contract disputes, certain personal injury claims and general litigation. [ attorney bio ]
