Probate And Wills
Understanding Wills, Trusts, and Probate with Legal Sarathi
Most individuals are not well-versed in the laws surrounding probate and wills, trusts, or probate, as these topics often feel overwhelming. At Legal Sarathi, we believe that understanding the basics of these essential legal matters can save you and your loved ones from future complications. Let us clarify some common misconceptions and highlight how our expertise can assist you.
Common Misconceptions About Wills and Probate
- Will the State Take My Assets?
In rare cases, assets may escheat (revert to the state) if no legal heirs can be located. However, as long as even distant relatives are identified, such as an uncle’s grandchild, the state will not claim your estate. - Probate Delays Are Unavoidable
The probate process is often misunderstood as lengthy. Typically, delays occur due to the state-mandated period for creditors to file claims.
How Legal Sarathi Helps: Our skilled probate lawyers streamline this process, ensuring compliance with all legal requirements while minimizing delays.
Tip from Legal Sarathi: Writing a will ensures your assets go to the beneficiaries you choose, not the ones state laws determine. A properly drafted will can prevent unnecessary delays and disputes.
What Happens to Your Assets After Death?
When a person passes away, asset distribution depends on whether a valid will exists:
- When There Is a Will: Probate is required to validate and execute the provisions of the will.
- When There Is No Will: The Hindu Succession Act, 1956, governs asset distribution for Hindu males.
Intestate Succession Under the Hindu Succession Act
- Class I Heirs: Sons, daughters, widows, mothers, and specified descendants inherit first.
- Class II Heirs: Fathers, grandchildren, siblings, and extended family inherit if no Class I heirs exist.
- Others: In the absence of Class I and II heirs, assets are passed to agnates, then cognates, and finally to the government.
How Legal Sarathi Can Help?
At Legal Sarathi, we provide end-to-end legal support for matters related to Probate and Will. Our expertise ensures a seamless process, helping families avoid unnecessary stress during a challenging time.
Our Services Include:
- Will Drafting: We help you create a legally sound Will, ensuring your wishes are clearly articulated.
- Probate Assistance: From filing the Will in court to ensuring the smooth distribution of assets, we guide executors through every step.
- Dispute Resolution: Our experienced attorneys resolve disputes over Wills and inheritance amicably or through legal proceedings.
- Intestate Succession: In the absence of a Will, we assist in claiming assets as per the legal framework.
Why Choose Legal Sarathi?
- Expertise in Estate Law: We specialize in Wills, probate, and inheritance matters.
- Client-Centric Approach: Personalized solutions tailored to your needs.
- Efficient Process: We ensure timely resolution of probate matters.
- Transparent Communication: Clear guidance at every step of the process.