Probate attorneys are state-licensed attorneys who understand the legal aspects sufficiently to advise executors and beneficiaries in settling the affairs of the deceased. Lawyers are also referred to as estate attorneys and are responsible for handling personal representation during the attestation process until things are settled. He will take on representation through trusts, wills and estate planning among many other things.
A probate attorney typically has years of continuous legal education, experience and mentoring. They are all important in ensuring that he performs his duties beyond expectations. The probate process and requirements may depend on the circumstances of the deceased and the probate laws governing them. The law of the will will apply depending on where the deceased lived and died and where he owned the estate. A valid will from the last will can also determine how the process is carried out. However, in the case of a will which is a situation where the deceased does not have a valid will, it is still possible for a will attorney to handle it.
Lawyers can be useful when issues regarding a deceased person’s will, will, or inheritance arise between the beneficiary. Apart from advising personal representatives, these attorneys can be hired by the heirs in case of disagreement between the personal representatives and the heirs. He or she can assist in fighting over a will but in such circumstances, he or she will be known as a trust and estate litigator, probate litigator or estate litigator.
Services for Personal Representatives
A probate attorney is in a position to advise personal representatives on different matters during the probate process. They include the following.
· Obtain an assessment and values of the date of death regarding the property of the deceased.
· Securing and locating will assets as well as non-court assets.
· Prepare and submit relevant documents required by the will court in an organized, timely manner.
· Offers advice on final bill payments of the deceased as well as payment of outstanding debts.
· Collecting life insurance proceeds paid to beneficiaries.
· Make proper selection and roll out any retirement plans and keep track of plantation checking accounts.
· Assist with the sale of any estate property and handle any income tax issues that may arise.
· Determine inheritance or estate taxes due at the state and federal levels and find out where the cash needed for settlement will be generated from.
· Resolve any dispute that may arise between the beneficiary and the personal representative.
· Obtain court clearance to handle and take different actions applicable to state probate laws and assign title to real estate to the name of the beneficiary in situations where the sale of the property does not occur.
· Probate attorneys also assist in the distribution of assets left behind by the deceased after taxes and bills have been paid.
Property or estate can be a source of long-term contention among beneficiaries. Personal representatives need the help of a probate attorney to ensure that everything is handled right after the death of the plantation owner.
