Your Father Is Dying And Has No Will: Contact A Probate Lawyer To Avoid Issues

Posted on: 9 October 2018

Nobody wants to be thinking about money or their inheritance while they are watching their father slowly sicken towards death. However, you know your father has no will and are worried about what will happen when he passes. You should be worried and must take steps to address this issue with a probate lawyer as soon as possible.

Dying Without A Will Is Problematic

During your father's last few months or even weeks of life, his estate is going to be on his mind a lot. If he has a sizable amount of money or property, he might be wishing that he had made a will to dictate where that money goes. After all, he has likely heard stories of families fighting over money after a loved one dies without a will.

This scenario has been known to tear families apart and leave a sour taste in the mouth of formerly friendly relatives for decades... or even generations. Even worse, dying without any kind of estate management could cause even more havoc on the estate than you expected.

Control Of The Estate May Be Taken From You

One of the scariest things about your father dying without a will is that his estate could be taken from you. For example, the state could take the funds from you and put them in a living trust. This situation typically only happens if you and your family cannot hash out who gets what after his death.

You shouldn't let the government step in to do this step for you. While they might not mean harm, they are going to be as objective as possible and try to distribute money in a way that your father may not have appreciated. Therefore, you need to get a probate lawyer on the case before he passes.

How A Probate Lawyer Helps

If your father is sick and in no state to make a will, you need to take to a probate officer right away. Talk to your father about what he wants to do with the estate and have him discuss these with the probate officer. This officer can make a trust or write a will for your father that can meet as many of his needs as possible.

After getting approval from your father, you can then take the management of his estate out of his hand and put it into that of the probate officer. This might seem scary at first, but it's a good idea. First of all, it will make it easier to ensure that money goes where it is supposed to go. Secondly, it gives your father a little peace of mind and lets him focus on his treatment.

So if you are worried about your dad's money slipping away because he didn't take time to take care of his estate, talk to a probate officer right away. The lawyers will take the necessary steps to ensure that your father's funds are taken care of in a way that suits his needs. For more information, contact a lawyer like David R Webb Attorney.