Who is a probate lawyer

They can also be held liable for mistakes that may occur during the process. A probate lawyer can help them navigate this complicated situation. A probate lawyer may also be known as an estate attorney. The two terms technically mean the same thing. Sometimes people associate an estate attorney with a probate process that is larger and has more assets. However, the lawyer can work with estates of any size as they go through probate. The role of a probate attorney can vary, depending on the size and complexity of the estate.

In the simplest situations, they are knowledgeable on probate law and the nuances of specific state laws, and they may give legal advice, answer questions or direct the personal representative through the steps to complete the probate process. In more complicated estates, the lawyer often has a significant role. They can get appraisals for any real estate that belonged to the decedent. Once the inventory is complete and creditors have been notified, the probate lawyer can help pay the debts of the estate.

There can be a lot of paperwork in dispersing an estate. A lawyer can fill out those documents, such as preparing income tax returns.

They will also be able to determine if an estate or inheritance tax is applicable and pay those taxes. The attorney may manage any checking accounts of the estate and collect proceeds from life insurance policies and other accounts. Once the debts and taxes have been paid, the lawyer can help transfer assets from the decedent to the beneficiaries according to the directives in the will or according to state laws. They may be responsible for distributing the assets and closing probate for the estate once everything is finished.

One of the most important roles for a probate attorney is to deal with those who contest the will or creditors putting in a claim against the estate which the personal representative denies. In these situations, the lawyer may present supporting evidence to the court on behalf of the estate.

Before you contact a probate attorney, you should know what you need them for. Find out how the assets are being held. If they must go through probate, you may need to hire a lawyer.

They serve beneficiaries who might be dissatisfied with the truthfulness of or the contents of the will. In many states, the surviving spouse of the deceased person inherits the whole estate. However, intestate laws vary, and each case is treated differently.

A probate legal counselor can help the administrator of the estate to distribute the assets per the laws. This type of succession often gets confounding, like in circumstances of a pending divorce, legal separation, or adopted children. A probate lawyer helps clarify things and prove to the courts the spouses, partners and children, blood relatives that should be counted in the succession. The lawyer then helps the administrator through the probate process. In general, here is a rundown of the standard regular assignments a probate attorney may help take care of during the probate cycle:.

Transferring assets to beneficiaries per the will or intestacy laws. Probate lawyers are indispensable in the whole probate process even though they are not legally required. Come to think of it, an everyday person might get confused in the probate process and the different applicable laws and functions involved.

It can turn out to be very tedious. A probate attorney helps to accomplish every function effectively. And now, more than five decades later, the bitter battle over its control rages on. This is a prime example of what could go wrong when people die intestate — or without a will. Probate is a legal term that refers to the process of proving a will. The matter can be concluded in a matter of weeks. However, probate for bigger estates can take several years, especially when individuals with legitimate claims to the property and assets file petitions in court to contest the will.

So, as you can expect, this could end up dragging out the process even longer. Probate lawyers wear many hats. The exact role they play in a probate process ultimately depends on whether or not the decedent had drafted a will before their death.

If an individual dies testate or with a legal will, the concerned parties may retain a probate lawyer in an advisory role to offer guidance to the concerned parties.