If you’ve ever heard of the general probate process, then it’s noteworthy to mention that it can be a tedious and lengthy process to go through. Claiming against an estate is a way to lawfully get money if the decedent owes someone. An estate litigation lawyer PG County can help you in this process. Here is everything you need to know about estate claims and how they can be made.
Claiming Of An Estate
A probate process begins with filing for a proceeding in a court. Before the division of assets, it’s important that the assets are looked over by an executor/creditor, someone who has legal and real estate knowledge and they can come up with a rough estimate of the property concerned. Afterward, a request for a claim is issued. This is where estate claims usually happen. The assets are assigned to be handed over to a specific person in the owner’s will, but there can be times when this will can be challenged in court on the grounds of an estate claim.
An estate claim is essentially claiming property and its dues, especially if there was a negotiation between the filler of the claim and the owner of the property that the former is owed some money by the latter. This is a process in which someone else, who is not in the will of the owner, claims that there are dues that need to be settled first Before the assets can be divided according to the will. These dues can be shares, taxes, loan payments, returns, and other things.
This step is very important to go over in the court, either in probate processes or regular succession or division of assets because the rule of the law doesn’t let anyone get the short end of the stick. There needs to be a proper evaluation before the assets are divided among the decedents. This is the responsibility of the owner and the probate lawyer Largo.
The claiming of an estate is also an extremely time-consuming process and this is essentially what causes these processes to run this long, about 8 to 12 months.
There is a time limit in which one can file for a claim of estate, after which the complaint is not applicable and it will automatically be rejected. As an estate claim is filed, it is evaluated based on the evidence provided by the filer and then the math is done where the share is deducted from the total estate value and is given to the person concerned.
All of this should be over and done before the asset distribution or division begins. So, an estate claim is a process that you can choose if you know that there is something that the decedent or the owner owes you and it’s not mentioned in the will.
Who Can Claim An Estate?
Here are the criteria on which you can apply for a claim in the estate.
- If the owner had previous legal relationships like marriages ending up in divorce, separation, or estrangement, then that spouse and their children can apply for a claim in the estate even if they’re not mentioned in the will. They will need to provide proof in the form of a marriage certificate that they were involved and had a legal marriage.
- Anyone who has lived with the owners, but hasn’t been mentioned in the will, can apply for a claim in the estate. These people will need to provide proof of living with the owner.
- If there is a child of the deceased that isn’t mentioned in the will, then they are also eligible to apply for a claim.
- Any civil partner that had a close relationship with the owner can apply for a claim.
Proper Grounds Required
The gist of an estate claim is that you need to have proper grounds on which you’re filing for your alleged fair share. The court has to be convinced through the proof you provide and it needs to be legit, otherwise your complaint will automatically get rejected.
There shouldn’t be any vice or ill will between the filer of the claim and the owner or decedents because if the lawyers or judges sense even the slightest of hiccups in your claim, then it can all turn on you very quickly. The grounds on which you’re making a claim need to be clear, and backed with evidence and there should be a real purpose behind the filing of the claim. The point is that no one can file a claim, as if it’s no big deal. Only people with genuine reason and proof can go down this route.
How To File A Claim Of Estate?
Here is the process by which you can file a claim for the estate:
For filing a claim, you need to have the issue of the claim that is generated by the court during a probate process. It’s a public document that highlights that the owner has passed away and the decedents have applied for probate. This document is issued so that more people can be aware of the division of assets and they can come forward and make a claim on the assets, based on proof.
Hire A Lawyer
The next step would be to get in touch with a good lawyer. This isn’t something that you can do on your own and there are a lot of things that you won’t understand, so having a lawyer to help you out with the legal side of things is extremely important.
File Your Claim Against The Estate
The next most important step, to file for a claim of estate, is to provide proof and that’s crucial. You’ll need a solicitor in this case and they will require you to produce proof that the claim made in the will is unjust and there was a verbal or documented agreement between you and the owner about owing money or different assets.
You’ll also need to have a copy of the will because that will make your case strong and you’ll be reliable in the eyes of the law.
A pre-action protocol is necessary to establish because you don’t want any disputes between the filer and the decedents. This can take some time and it can be skipped if you’re pressed for time, but it’s an important thing to go over so that everything goes smoothly and there isn’t any unpleasant situation occurring at the time of the proceedings.
Lastly, there are court proceedings that need to occur. They are usually held in the presence of a mediator who tries to neutralize any unwanted situation that might take place between the two parties. This method of resolving issues is known as Alternate Dispute Resolution (ADR).
The judge will go over the proof that the filer has provided and the monetary evaluation that the creditor has made, and will come to a decision based on the presented documents. The judge might also have a look at the filer’s financial standing and situation, as well as their needs.
Claiming of the estate is an important process to go through, especially when a probate is filed to proceed in court, after the owner’s death. The lawyers and judges make sure that before the asset division takes place, there isn’t any money that needs to be paid rightfully to someone else. If you want to claim against an estate, get the support of an estate litigation attorney Bowie.