A probate attorney is a lawyer specialized in probate laws, one who is insightful and experienced in assisting families and personal representatives in probating an estate. He helps by checking all documents to ensure they are properly filed. As there are so much legal jargon associated with probate, your attorney will always break all these down for you to get a better understanding of what needs to be done. He is also responsible for overseeing the execution of the will.
The probate system varies from place to place, and this is one reason why you should hire a probate attorney near you 10006. When you do so, you assured that the lawyer has experience handling probate in your locale. Depending on your wishes, your probate attorney when hired can either play an advisory role or take the burden off your shoulders by helping with your duties. There are several reasons why you need to hire a probate attorney.
Top reasons why you need to hire a probate attorney
- Prevents litigation
Disgruntled family members and interested parties may file lawsuits when then notice any suspicious actions during the probate process. A will may be contested by those who feel cheated, family members can sue each other or sue the executor. Any of these will prolong the whole process all the more and put loved ones at each other’s throats. A probate attorney, when involved, will help resolve such issues and bring down the tension before they escalate into court cases.
- Initiate probate proceeding.
After all essential document needed for the implementation of the deceased estate plans have being collected, probate proceeding can be initiated in the probate court. A probate attorney or an estate lawyer would be require to open this process in the probate court. The probate attorney would need all detailed documents on the estate plan. Once satisfied, the attorney would notify the beneficiaries of the estate as named by the decedent in the Last Will. Also required to be for the probate is the named personal representative or estate executor.
Note: In cases where the decedent do not leave behind a valid estate document such as Last Will, the decedent heir would need to sign and review document to initiate a probate proceeding. These documents include, probate initiation, order appointing executor, order waiving bond, etc. the probate process commences when all these documents have been signed.
- Helps deal with creditors and tax
An important duty of the executor is in settling the estate’s financial obligations.
If the estate is subject to estate tax, this would have to be paid. Creditors, both false and legitimate, may also come forward to be settled. There are a lot of formalities and paperwork involved and when not done right, the estate and the position of the executor can be put in jeopardy. But the probate attorney 10006 helps oversee all these, ensuring tax return forms are filed on time and that only legitimate creditors are settled. Knowing that all loose ends are tied by the presence of a legal professional gives some relief to the grieving family.
Bottom line
- Personal representation are vital to the implementation of estate plan.
- Your personal representation would ensure that your desired beneficiaries gets your estate.
- Once involved in your estate plan, probate lawyer would ensure that no family feud come up probate of the estate.
- Estate plans can be made to reflect and implement your mid, short and long term plans. However, you can speak with an estate lawyer to know suitable documents that would reflect these plans.
- The chances of success for implementation of an estate plan increases when you chose the right representative.
- Since estate plans are made in preparation for any uncertain life occurrences, you need the right lawyers to ensure your desires and plans are duly implemented.
- Probate attorney would guide you through any probate process. Also, the estate lawyer can step in a play the role of the executioner of your estate plan.
- While other estate document such as last will may go through probate before it can be implemented, the living trust allows transfer of assets without any probate process.
Contact a probate attorney near you.
A probate attorney is need for a smooth probate process and also implementation of your estate plans. The attorney can also act as an executor or personal representative for your estate. Probate duration of an estate plan largely depends on the complexity of the estate, and also inadequacies in estate document. Either way, an estate attorney would help you from creation of estate plan to its implementation.
Contact a probate attorney near you 10006