As the old saying goes, you can’t take it with you upon your passing. But a probate lawyer can help surviving family members pay off your debts and share your assets after your demise, with or without a will. So, what is a probate lawyer?
What is a probate lawyer?
Generally, probate lawyers, also regarded as estate or trust lawyers, help executors of the estate (or administrators, if a Will is absent) mange the probate process. These professionals may also help with estate planning, like the drafting of wills or living trusts, give advice on powers of attorney, or even serve as an executor or administrator.
When is it a necessity?
Unless you planned with probate in mind, your estate will eventually undergo this stressful court process. That said, the process is straightforward when you have a quality estate plan in place. The more planning you do now, the easier it will be on those you lobe after your demise.
What does a probate lawyer do?
What a probate lawyer does will likely hinge on whether or not the decedent has written a will before their death.
When a will is present
If an individual dies with a will, a probate lawyer may be contacted to advice parties, like the executor of the estate or a beneficiary, on multiple legal matters. For example, an attorney may scrutinize the will to make sense that it wasn’t signed or written under duress (or against the best interest of the person).
Seniors suffering from conditions such as dementia, for instance, may be prone to undue influence by persons who want a portion of the estate. There are several reasons that wills may be contested, although most wills undergo probate without an issue.
Hen no will is present
If you die intestate you are said to have died without a will. When this occurs, your estate is shared based on the intestacy laws of the state where the property resides, irrespective of your wishes. For example, if you are married, your surviving spouse gets all of your intestate property under many states intestate laws. But, intestacy laws vary widely from state to state.
In these cases, a probate lawyer may be hired to help the administrator of the estate (like the executor) and the assets will be shared based on the state law. A probate lawyer may assist with some of the tasks stated above but it bound by state intestacy laws, irrespective of the decedent’s wishes or the family member’s needs.
A relative who wants to be named the estate’s administrator must first secure what is regarded as renunciations from the decedent’s other relatives. A renunciation is a legal statement renouncing one’s right to administer the estate. A probate attorney can assist in securing and filing these statements with the probate court, and afterward, help the administrator with the probate process.
Need a Probate Lawyer?
The probate process can be time-consuming, stressful, and pretty complicated. For this reason, you need to contact a professional to help you handle the probate process. If you were designatd as the executor of an estate, the chances are that you’ll represent the decedent in court. As the estate executor, you will be charged with multiple tasks, ranging from settling of unpaid debt and taxes, ensuring that the deceases assets are well accounted for, etc. These are difficult tasks, especially if you lack the experience.
So what do you do? To get some of these burdens off your shoulder, it is best you contact a probate lawyer. A probate lawyer will ensure that the necessary tasks are taken care of quickly. In addition this professional will answer your questions and quell your worries. If you are a beneficiary to the estate, a probate attorney can also be of help.
Contact us
Contact us to provide you with the best probate lawyer for your case. Our probate lawyers are quite experienced, understanding, and up-to-date about probate laws.