Gastonia Probate Lawyer

Gaston Probate Attorney

It’s never easy to lose a loved one, but it is more difficult when you have to contend with settling their estate. The last thing you want to worry about when you are grieving is itemizing their assets or deciding who inherits what. Even if there is a will, you may still end up going through the probate process. It is advised to contact an experienced Gastonia probate lawyer to help you.

Why Choose The Schweppe Law Firm, P.A.?

When you choose The Schweppe Law Firm, P.A., for your probate case, you will be receiving the personalized attention you deserve from attorneys with decades of combined experience.

Founding attorney John V. Schweppe, Jr., has been practicing in Cleveland County since 1973. Mr. Schweppe previously served as president of the Cleveland County Bar Association and also served on the Shelby City Board of Education for many years. His connection to the community is strong, and he brings that same passion to each case.

Working now with his sons, David and John III, the legal team at The Schweppe Law Firm, P.A. has the knowledge and experience you can rely on throughout your probate case.

What Is a Probate Lawyer?

A Gastonia wills & trusts lawyer is a specific type of attorney who can guide you through the process of settling a deceased person’s estate. They file court documents, identify assets and evaluate them, pay outstanding debts, and divide property among heirs. They can also represent you in litigation if disputes arise. Whether you’re an executor or an administrator of someone’s estate after their passing, a Gastonia probate attorney is there for you.

Probate lawyers are especially helpful when the estate is complex or the deceased has left behind significant assets. Probate laws in North Carolina can be quite complicated, and an attorney can help ensure you don’t make a costly mistake while executing a will or dividing an estate.

Mismanaging funds, incorrectly distributing assets, or failing to keep proper records opens you up to all kinds of problems. Some simple mistakes might delay the process, while more serious oversights could make you legally liable for resulting damages. It’s wise to involve a lawyer early on in the process.

What Does the Probate Process Include?

Probate is a court-supervised process designed to validate a person’s will, distribute their assets, and settle any debts they have accrued. The probate process might include any of the following steps.

• Determining the executor of the will or assigning an administrator if no will exists
• Itemizing the estate
• Notifying creditors
• Paying estate taxes
• Settling debts
• Dividing the remaining assets among beneficiaries

During the probate process, the Gaston County Clerk of Superior Court will also hear and resolve any disputes over inheritance, asset ownership, or debts owed. Only about three in 10 adults in the U.S. report having a will, making the role of a probate attorney even more important.

Simplified Probate in North Carolina

For smaller estates, executors can go through the simplified probate process. Article 25 of the NC General Statutes – Chapter 28A establishes the rules governing simplified probate. When a deceased person’s assets amount to less than $20,000 in value, families can avoid the extensive and exhaustive process involved in probate for larger estates. This number can increase to $30,000 if a surviving spouse is the sole inheritor of the estate.

Keep in mind that simplified probate is only possible if there are no disputes. If the will is contested or there is no will, leaving potential beneficiaries disagreeing over asset divisions, you will likely have to go through the traditional probate process.

FAQs About Gastonia, NC Probate Law

How Much Does a Probate Lawyer Cost in North Carolina?

The cost of a probate lawyer in Gastonia, North Carolina, can vary between law firms. Probate attorneys often charge a percentage of the estate’s value as their fee. Some lawyers charge an hourly rate or a flat fee for the work they do on your case. The complexity of the estate can affect the cost, as well as whether the case proceeds to litigation.

Do You Need a Lawyer for Probate in NC?

While it is not legally required to have a lawyer for probate in North Carolina, it may be in your interest to hire one. These cases can be quite complicated, and making a mistake can have serious consequences. North Carolina’s probate laws are complex, and the court system has strict requirements and procedures. It is wise to have a probate attorney handle the case on your behalf, especially for larger estates or disputes.

Is an Estate Lawyer the Same as a Probate Lawyer?

No, estate and probate attorneys are not the same. While some of their responsibilities might overlap, estate lawyers and probate lawyers have a few key differences. Estate lawyers help clients manage and plan for the distribution of their assets while they are still alive. Probate lawyers, on the other hand, oversee and manage the process of distributing assets and settling debts after a person dies. Some law firms can help with estate planning and probate issues.

What Assets Do Not Go Through Probate?

Assets that do not go through probate include life insurance policies, IRAs, 401(k)s, pensions, certain college savings plans, annuities, and other property with survivorship rights. These are all assets that have named beneficiaries attached to them. Courts do not oversee the distribution of these assets, and they are typically not included in a will, so it’s important to update them regularly to avoid complications later.

Hire a Probate Lawyer from The Schweppe Law Firm, P.A., Today

The team at The Schweppe Law Firm, P.A., knows how difficult navigating the legal process of probate can be after losing a loved one. That is why we approach every case with care and competency, ensuring you get the representation you deserve. Our seasoned attorneys are here to help guide you through every step along the way. Contact us today to discuss your case and learn more about our services and how we can help you.