Understanding the Role and Importance of Probate Hawaii HI Lawyer

by | May 14, 2013 | legal

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Before you start looking at the role, it is important to explain what a probate is. In ordinary terms, a probate is the process of administering the estate of a deceased person to make sure all liabilities and assets are distributed to any beneficiaries according to the laws without prejudice or favoring any member over the other. There are many instances where administering such estates results in many disputes among the beneficiaries. Most notorious are cases where there is a will.

When the dead person leaves behind a will detailing how they would like to have their property administered upon their demise, complaints often arise especially if some members of the family feel they have been sidelined in the way the assets have been distributed. Under such circumstances, it is advisable to seek the guidance of a Probate Hawaii HI lawyer to resolve the dispute.

The probate lawyer will be responsible for informing all parties in the dispute of the legal standing on such matters as well as defining an amicable way that can leave all beneficiaries feeling appeased. This is not always an easy task especially considering that many feel the presence of a will is all that matters in deciding who takes what.

If you feel aggrieved by a will and would like to contest the contents of the will in court, you will still need a good Probate lawyer. In this case, they will compile all necessary documentation regarding your application and present them before a judge who will oversee the matter. It is however understandable that probates are only necessary when there are real estate properties in Hawaii. The assets in question must also be worth more than $100000 before you can have a probate on the matter.

It is also important to point out that even in the absence of a dispute regarding the distribution of the estate, you still need probate because there will be documents needed in a court to explain in detail how the assets will be distributed and who will be in charge. Once the probate presents the documents before the judge, a personal representative is appointed to the matter who will work closely with the probate to make sure everything is done according to the law as established.

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