Executors of estates (also known as “administrators”) turn to probate attorneys for assistance. An executor or administrator can also assist with estate planning, creating wills or living trusts.
After a person’s death, probate lawyers are typically called in to manage the estate administration procedure. People who are still alive and in command of their affairs consult with an estate planning lawyer who specialises in this field. Helping clients draught trusts, wills, and other essential papers might be done by the attorney.
Who Needs a Probate Attorney?
With a Purpose
In the event of a decedent’s passing without a will, the executor of the estate or a beneficiary may seek the counsel of a probate attorney. An attorney might review the will to confirm that it was not signed or made under duress. Persons who desire a piece of the inheritance, such as older adults with dementia, might influence them excessively.
Wills can be contested for many reasons, although the courts accept most wills without a hitch.
Where No Will Is Obtained
“Intestate” refers to a person’s death without a will. And the intestacy rules of the state where the property is located determine how your inheritance is allocated, regardless of your intentions. For example, if you die while married in many states, your surviving spouse obtains your whole fortune. There are, nevertheless, significant differences in intestacy rules between states.
An estate administrator (equivalent to an executor) may retain a probate attorney to help distribute assets according to state law in some instances. However, no matter what the preferences of the deceased or the requirements of the surviving family members may be, a probate lawyer is constrained by state intestacy rules and cannot assist with any of the activities above.
A Probate Attorney’s Job Description
Executors and administrators who consult with probate lawyers may also be expected to execute the following duties:
- Managing the proceeds of a life insurance policy.
- Having the property of the deceased assessed.
- In the process of locating and obtaining all of the deceased’s assets
- Helping the family of the passed pay off their debts and settle their affairs.
- The process of submitting the necessary paperwork to a probate court.
- Keeping track of the estate’s finances.
- It is essential to determine if any estate taxes are due.
Benefits
Protect the Property
A probate attorney can help protect the final wishes of the deceased and the hopes of their heirs. A civil action can be initiated in the event of death, depending on the circumstances. Meanwhile, defending the property against these accusations is difficult if you don’t have legal expertise and experience. As such, an experienced probate defence lawyer may assist ease the burden on heirs and other beneficiaries who are coping with the uncertainty of probate during a difficult time.
Avoid Being Rejected by the Court
A few documents must be filed with the court accurately and then returned to the office before an estate may be probated. And if they aren’t, they are not accepted. The court may refuse to accept your first probate if the paperwork isn’t in order.
A lawyer will know just how to file all of the paperwork so that the probate procedure may begin, so you won’t have to fill out the paperwork again.
Make Sure You Don’t Spend Too Much for Not Enough
Debt settlement can be confusing at times, and you may end yourself overpaying for something by accident. You may also be able to receive a better price than you expected in some circumstances, which might be a significant problem for you, resulting in additional debt and the possibility of a penalty. Meanwhile, a probate advocate will understand these complexities, ensuring that the exact amount is paid. And you may find this helpful when it comes to the financial aspects of probate.
