You can’t bring it with you. Someone must take care of your property when you die. Most often, this is a close friend or family member. A probate Lawyer can help them with any legal questions. It can give you peace of mind. This article describes the role of an estate lawyer. This article also discusses the reasons why you may need an attorney to assist you with probate.
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What is a Probate Lawyer?
Estate attorneys and probate lawyers are both terms used to describe the same profession. They are attorneys who help clients with the probate process and assist non-lawyer clients in fulfilling their duties related to an estate. They help their clients fulfill roles such as:
- Administrators
- Personal Representatives
- Executors
Probate lawyers can assist in the process of probate as much as they need to. Probate involves paying off the debts of the deceased and distributing assets. The will or state laws must dictate how the estate is distributed.
What is the difference between a Probate Lawyer and an Estate Planning Attorney?
Estate planning and probate Lawyer practice in areas related to estate law. There is one major difference, however: the timing.
- Probate Lawyers are responsible for the administration of an estate after someone dies. They prepare the legal documents needed for probate court. They may also serve as executors or administrators of an estate. It’s not uncommon for an attorney to help out in this role if the person does not have anyone else to name.
- Estate planning attorneys advise clients about estate planning issues before someone dies or becomes incapacitated. The estate planning attorney drafts documents based on the client’s needs.
Estate Planning During Life
A lawyer who specializes in estate planning works with clients living to draft:
- Wills
- Revocable Living Trusts
- Powers of Attorney
- Health care directives
- Living Wills
Also, they can help with elder law. You can plan for your incapacity, or Medicaid planning. An estate planning lawyer can help with tax planning and asset protection. It is possible to reduce estate taxes and inheritance taxes. The attorney can help a client who is concerned about minor children or people with special needs by setting up and administering a trust. An estate planning lawyer can be a probate Lawyer. They can specialize in either one or both.
What is the role of a probate lawyer?
A probate lawyer can perform a wide range of duties. The probate Lawyer’s work depends on what the executor or administrator needs. What the executor or administrator needs depends on:
- The deceased had a Will
- The estate is complex
- The estate is being sued by the beneficiaries or creditors
- There are other problems with estate property
The probate Lawyer is responsible for a wide range of tasks.
When there is a will
Sometimes, the deceased has a valid and signed testament. In these cases, the administrator will hire a probate attorney to guide them throughout the probate process. It is a consulting role. The majority of wills are probated without any problems. In some cases there could be a legal challenge to a will. When a beneficiary feels that the will is not valid, a probate lawyer may represent them in court.
- Invalid
- Signed under duress
- Under the influence of another person, you signed a document
Someone may want to challenge being left out of a Will. A will can be challenged for many reasons. In these cases, the probate lawyer may represent one of the parties in the probate litigation.
When there is no Will
Intestate death occurs when the deceased has no valid will. In this case, the state’s inheritance laws will determine who inherits. These laws vary greatly. A surviving spouse, for example, may be entitled to half the property of their deceased spouse. The state’s laws on intestate succession will determine what happens. Important to remember is that both the estate administrator and the probate attorney are required to distribute the property in accordance with the state’s intestacy laws. State law will determine the distribution of assets, regardless of what the deceased said when alive.
The amount of money that family members require is not taken into consideration. A probate attorney can help a family member go to court and be appointed as the executor of an estate. They may also be hired at a later date. To be appointed as the administrator of the estate, a relative must obtain “renunciations” (renouncing their right to administer the estate) from other relatives. A renunciation, or legal statement, is a declaration that renounces one’s rights to administer an estate. An attorney who specializes in probate can assist you with obtaining and filing these documents at the probate court. The attorney will then help the administrator through the probate process.
What is the role of a probate lawyer?
A personal representative may hire an attorney for probate to give legal advice. They can also hire a probate lawyer to do various tasks including:
- Find property and create an inventory
- Secure the estate of the deceased, including their savings and checking accounts, vehicles, real property, personal belongings, and more
- Life insurance policy identification and collection
- Appraising the assets of the deceased
- Manage the estate’s Checkbook
- Working with an internal accountant or a tax accountant to prepare the final estate and income tax returns of the deceased.
- Advising on debt payments
- Documents required by the probate court
The local attorneys who handle probate cases are a great help when the executor/administrator lives outside of the state. The attorney can assist the administrator with their tasks. Some law firms offer comprehensive services in this situation. Even if the administrator is local they can still engage the probate lawyer to provide comprehensive services.
Do you need a probate lawyer?
It is not always necessary to hire a probate attorney. Some county probate court require an attorney for probate cases. The probate court can be of great assistance to executors and administrators. Ask yourself these questions before you hire an attorney:
- Do you need an attorney to open the probate estate in probate court?
- Have you ever handled the probate process of an estate?
- Can an estate be distributed without probate court?
- Is your state’s probate process relatively simple?
- Can the family members get on?
- Does the estate have enough money to pay off its debts?
In some situations, you may not need to hire an attorney for probate right away. You can hire a probate attorney if you need assistance in the future. A referral from a family member or trusted friend is a great place to begin.
What is the average fee for a Probate Attorney?
Probate attorneys charge their clients in one of three ways:
- A rate per hour for services
- Flat fee
- The percentage of the value of the estate
The amount you pay will vary depending on:
- Experience of an attorney
- The current rate of the geographical area
- Legal issues to be addressed
You should discuss attorney fees during your first consultation or meeting.
What questions should you ask a probate lawyer?
Asking the following questions to a lawyer is a good idea if you are considering hiring one for a probate matter:
- Are they specialists in probate law or other areas of the law?
- Has the firm handled a similar case before?
- What services are available?
- Does the attorney personally handle your case in court?
- What is the attorney’s proposed fee?
- What is your case’s specific process?
Here are some questions to help you get started. When dealing with an attorney, communication is essential. Ask any questions you may have.
Talk to an attorney to get help with the probate process
Speak to an experienced attorney if this is the first time you are handling probate. If you are worried about a large estate or a complicated one, an attorney may be able to help. You can hire an attorney to help you as much or little as you want.
Feel Free To Schedule A Consultation
Contact Bonardi & Uzdavinis without delay to arrange a FREE consultation.
