People often go to great lengths to protect their possessions during their lifetime. But what happens to these belongings after they pass away? This is where probate comes into play, commonly known as a will. A will is a legal document where an individual specifies how their assets should be distributed among surviving family members. It also often includes instructions for settling any debts. Let’s delve into the role of the attorney who facilitates this planning process.
Understanding the Role of a Probate Attorney
A probate attorney, also referred to as a trust or estate lawyer, specializes in managing the estate planning process. Their responsibilities extend beyond just drafting wills; they also provide essential advice to the estate’s administrator. This article will explore the various functions a probate attorney performs throughout the process.
The Crucial Functions of a Probate Lawyer
The duties of a probate lawyer can be categorized into two main scenarios: when a will exists and when it does not.
When a will is already in place, the lawyer’s role is to advise the involved parties on the necessary legal steps. This involves thoroughly examining the will to ensure its validity. Elderly individuals, especially those suffering from conditions like dementia, can be vulnerable to exploitation. In such cases, the attorney ensures that the client’s wishes are honored without undue influence.
If a person dies without a will, the estate is considered intestate. In this situation, the distribution of assets follows the state laws where the property is located. Typically, the surviving spouse inherits the assets, but the process can be complex. An attorney can assist the spouse in navigating these legal intricacies. The laws vary by state and can be difficult for a layperson to understand, making the attorney’s role crucial in managing property-related matters. If disputes arise, the attorney can file necessary documents in court and guide the client through the legal process.
An Overview of a Probate Lawyer’s Responsibilities
To better understand the scope of a probate attorney’s work, here are some key responsibilities:
- Reviewing or drafting wills
- Collecting documents related to insurance proceeds
- Evaluating the decedent’s property
- Ensuring the security of assets
- Assisting with debt settlement
- Checking the tax history of the estate for any outstanding dues
When Should You Hire a Probate Lawyer?
Not every situation requires legal assistance, but there are specific instances when hiring a probate lawyer is advisable. If you are preparing a will or are an heir to an estate, legal guidance can be invaluable. For large estates, an experienced lawyer is essential to navigate the complexities involved.
If the estate involves complicated legal issues, a lawyer can simplify the process. Often, the deceased may have left debts that need to be settled, necessitating legal help. In the absence of a will, a lawyer can advise on how to distribute the estate according to state laws.
Hiring an attorney can also provide clarity on the type of property involved. Therefore, it is evident that a probate lawyer is essential for resolving property-related matters. When seeking legal assistance, it’s important to understand the attorney’s fees and opt for experienced professionals.
