Hattiesburg Probate Lawyer

Hattiesburg Probate Attorney

Probate is the legal process of administering an individual’s estate after they pass away. It’s a formality designed to ensure that everything is distributed as they intended. If there is no will in place to instruct how assets should be distributed, the probate process will operate under state intestacy laws. While navigating probate can feel overwhelming, the process can be much easier to manage when working with a Hattiesburg, MS probate lawyer.

Leigh Berry at Berry Law Firm, PLLC, understands how difficult it can be to manage the probate process while simultaneously grieving the loss of a loved one. It can leave one feeling isolated and stressed that they will make an error and jeopardize the integrity of the deceased’s estate. She can step in and supervise the entire process and ensure that everyone’s interests are protected. This will allow you more time to focus on what matters most.

What Can I Expect During the Probate Process?

Understanding each key step in the probate process can help add much-needed clarity and reduce stress during this emotional period. It’s important to recognize that despite how tedious the process may be, it’s all intended to ensure the legal transfer of the deceased’s assets is conducted compliantly to the correct beneficiaries. The following are a few key steps you can expect as the process begins.

Filing the Probate Petition

The probate process will begin with a formal petition being filed to the appropriate court where the deceased resided. This will serve as an official request for the court to open probate and begin validating a will if one exists. The court will also then either appoint an executor if a will exists or an administrator if there is no will. This individual will then be granted legal authority to carry out the wishes as they are laid out in the will or under state intestacy laws.

Navigating Creditors and Beneficiaries

After the court has appointed an executor or administrator, it is that individual’s responsibility to notify all relevant stakeholders. This includes all beneficiaries named in the will or if there are any potential heirs under state law that apply. All relevant creditors should also be notified, as they have a right to collect any outstanding debts that were not satisfied by the deceased before they passed away.

Inventorying the Estate

The next step is to create a detailed inventory of the deceased’s assets. This means that all assets must be identified and evaluated to assess how much they are worth. Real estate properties, bank accounts, retirement funds, investments, and any other personal possessions can all qualify to be considered as part of this inventory step. It’s not uncommon for a professional appraiser to step in and assist with this step, especially when there are high-value items in the mix.

Paying Debts and Taxes

An estate will not be able to be distributed to the designated beneficiaries until all outstanding debts and taxes have been settled. If the individual who passed away had any outstanding loans or credit card balances, funds from the estate will be extracted to satisfy these. The executor must also determine if the estate owes any federal or state taxes. If there is no direct cash to pay for these balances, the executor may have to sell an asset, like a vehicle or home.

Distributing Assets

After all the debts have been satisfied, the executor must then distribute the remaining assets to the beneficiaries. This can be a contentious step, as family disputes over specific assets are not uncommon. It’s important for an executor to act as impartially as possible and document every decision they make to ensure they remain compliant in their role. If there are any unresolved conflicts in this process, a probate lawyer can help.

FAQs

How Much Does a Probate Lawyer Cost in Mississippi?

The total cost of a probate lawyer’s services in Mississippi will depend on how complicated the estate is and how many years of experience the attorney you hire has. The payment structure is also important when assessing what legal services you can afford. Some lawyers prefer to be paid hourly, while others might charge per service or work on a contingency fee basis. It’s important to discuss these details upfront to avoid any surprise fees down the road.

Do I Need a Lawyer for Probate in Mississippi?

While there is no legal mandate that requires someone to hire a lawyer for probate, having one can be extremely beneficial. For example, someone entering this process without a formal background or experience in probate may struggle to ensure all legal requirements are satisfied or to resolve a dispute among heirs. Even smaller estates that might seem straightforward to manage can still present unexpected challenges that would benefit from professional guidance.

What Is the Estate Recovery Law, and How Does It Apply?

The Estate Recovery Law allows Medicaid to seek reimbursement for any costs of care from the estate of the deceased after they pass away. Anyone who received these benefits for long-term care, like staying in a nursing home or receiving home care services, will have a letter sent to their family that details how much Medicaid paid on behalf of the deceased. Some exemptions and hardship cases may limit or prevent this recovery attempt.

What Happens If There Is No Will?

When someone passes away, and there is no will to review, the estate is officially considered “intestate.” This means that Mississippi state law will dictate how the assets are distributed. For example, in Mississippi, intestacy laws prioritize close family members, such as spouses and children, to benefit from outstanding assets in an estate. If there are no close relatives, more distant relatives like cousins or siblings may be considered. If not, it will go to the state.

Contact Berry Law Firm, PLLC Today – Experienced Forrest County Probate Lawyer

While navigating the probate process can be extremely challenging, no one has to face it alone. Berry Law Firm, PLLC, is always standing by to help the next client in need. Whether you need extra assistance filing documents, resolving an outstanding dispute, or understanding your legal options and responsibilities under probate, Leigh Berry is the resource you need to succeed. Contact Berry Law Firm, PLLC, today to begin the process and learn more about how she can help.