probate law firm – This article explains the role of a probate attorney. It also discusses why you need an attorney to assist with the guardianship process.
What Is A Probate Attorney?
Probate attorneys are also called estate attorneys. These attorneys work in the legal field to help clients through the guardianship process. They assist non-attorney clients with their estate-related duties. They help their clients fulfill the following roles:
- Executors
- Personal agents
- Executors of estates
Probate attorneys assist as needed during the probate process. The intestate process involves paying the deceased’s debts and distributing the estate’s assets. The distributions must be made according to the will or state law.
What is the difference between a probate attorney and estate planning?
Wills and estate planning attorneys work in practice areas related to estate law. But there is one main difference: timing.
A probate attorney handles the process of administering an estate after a person’s death. They prepare the legal documents required for the probate court. A probate attorney may also serve as the executor or administrator of the estate. If a person has no one else to appoint, it is common to have an attorney assist in this role.
An estate planning attorney advises clients on estate planning matters before someone’s death or incapacity. They draft estate planning documents according to the individual’s estate planning needs.
What does a probate lawyer do?
The range of tasks a probate lawyer can perform is long. What a probate lawyer does depends on the needs of the executor or administrator. Requirements depend on whether:
- The deceased had a will
- The estate is complex
- Beneficiaries or debtors want to sue the estate
- There are other difficulties relating to estate assets
A probate lawyer must handle any number of matters.
When is there a will?
Sometimes, a deceased person dies and has a valid signed last will and testament. In such cases, the administrator hires a probate lawyer to leader them through the probate process. This is an advisory role.
Most wills go through the probate process without any problems. But in some cases, the will may be challenged. A probate lawyer can signify a party to a will when a beneficiary believes the will is:
- Invalid
- Signed under duress
- Signed under the undue influence of another person
Someone may want to object to it being removed from the will. There are many reasons to challenge a will. A probate lawyer can represent a party in probate litigation in these cases.
What Is The Role Of A Probate Attorney?
A personal representative may hire an attorney to provide legal advice. Or they may hire a probate attorney to perform a variety of tasks, including:
- Searching for and listing estates
- Protecting the deceased’s assets, including the deceased’s savings accounts, checking accounts, vehicles, real estate, personal property, and more
- Identifying and collecting life insurance policies
- Securing an appraisal of the deceased’s assets
- Managing the estate’s checkbook
- Securing a tax accountant or working with an in-house accountant to prepare the deceased’s final income tax and estate returns.
- Advice on loan repayment
- Preparing and submiting documents required by the probate court
When the executor or administrator lives out of state, they rely heavily on local probate attorneys and their staff. An attorney can assist the administrator in his or her duties. Therefore, Some law firms specialize in providing comprehensive services for this case only. Even when the administrator is local, he or she may hire an attorney to provide more comprehensive services.
Do you need a probate attorney?
It is not always necessary to hire a probate attorney. However, some county probate courts require an attorney for probate cases.
The probate court itself could be very helpful to executors and administrators. Before you hire an attorney, ask yourself:
- Does the probate court require an attorney to open a will?
- Have you dealt with probate before?
- Can an estate be distributed without a will?
- Does your state have a comparatively easy probate process?
- Will family members work together?
- Is the estate sufficient to pay its debts?
In some cases, you may need to hire a probate attorney right away. If you need help later, you can always hire someone. Getting a referral from a righthand family member or friend can be an great place to start.
Conclusion
Choosing the right probate law firm is essential to confirm that the probate process goes smoothly and that your loved one’s estate is administered according to their wishes. The firms listed above are well-regarded in the field of probate law and offer a range of services to meet different needs. Be sure to evaluate your options and select a firm that aligns with your specific requirements.
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