Duties of a probate attorney

Alternatives to probate

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Who is a probate attorney?

A probate attorney is simply an individual who is licensed by the state and works with the beneficiaries and executors of an estate to settle everything regarding the deceased. In some cases, a probate can be prevented if the assets of the deceased have been placed in a trust. With a trust, the smooth transfer of the deceased property outside court and legal proceedings is guaranteed.  

Probating is not a walk in the park and that is why you need an expert when issues regarding probate comes up.  You also have to be very careful when hiring a probate attorney 07652 as some of these attorneys lack the skills and other significant features to help you take care of your probate problems.

You definitely wouldn’t want to get an attorney who eventually ruins an estate you have high hopes for. 

What does a probate attorney 07652 do?

When an individual dies, their assets must be distributed in a way that satisfies state laws and their stated wishes. The deceased intensions regarding his or her assets and properties is often incorporated in a will which is read-out upon his or her death or incapacitation. 

A probate lawyer provides guidance and advices to the executor of a will or the beneficiaries of an estate via the probate process. The help probate attorneys offer executors and beneficiaries ranges from locating the assets of the estate and beneficiaries to sharing the assets and inheritances according to the deceased wishes. 

Is an estate attorney the same as a probate attorney?

A probate attorney is also regarded as an estate attorney and would help in diverse ways, depending on the situation of the estate. Their association would hinge on the value of the deceased assets including if the deceased prepared a will and testament before passing away or not. In a situation where the deceased didn’t draft a will prior death, it is left for the beneficiaries to file claims and sue for what they believe should be theirs. In the cases where a will is available, challenges may come up regarding the validity of the will and this could result in a possible litigation.

Duties of a probate lawyer

During the probate process, a probate attorney helps the executors and beneficiaries with some common tasks. Below are a few of these tasks:

  • Obtain proceeds from insurance policies  
  • Locating and securing the estate assets 
  • Getting appraisals for the real property of the deceased 
  • Helps in the payment of bills and outstanding debts 
  • Helps prepare and file all documents needed by a probate court
  • Helps determine if any tax ( estate and inheritance) are due, and ensures that the debts are settled 
  • Helps handle income tax problems 
  • Assists In managing the estate checking account
  • Transferring assets in the name of the deceased to the right beneficiaries 
  • Initiating the ultimate disbursement of assets to the appropriate beneficiaries after the payment and settlement of all bills and outstanding debts 

Hiring a probate attorney is quite necessary

 Almost everyone- ranging from our relatives to our friends and loved ones-have a certain amount of asset of type of estate. If this set of people have any asset left when they die, it important that they involve a probate lawyer. 

It is very hard for a family that is recovering from the demise of a loved on to carry the burdens of an estate, especially because they lack the knowledge regarding how it is done. Courts are hard, state taxes as well. It is therefore significant that a probate attorney 07652 is involved.

Also, a situation may arise whereby an individual from nowhere can claim that he or she is entitled to a portion of the estate. In such a situation, a probate attorney would be helpful.  

Sometimes, disputes arises from probate process and if these disputes aren’t properly taken care of, they may end up damaging relationships within the family. A probate lawyer can also ensure that these disputes don’t occur and when they do, he or she would ensure that it is settled by providing an option that suits all parties. 

Hiring a probate attorney is paramount, if you want everything regarding the estate planning of the decedent to go on smoothly. Do not hesitate, go ahead and hire a probate attorney 07652 now. 

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DISCLAIMER: The information provided in this blog is for informational purposes only and should not be considered legal advice. The content of this blog may not reflect the most current legal developments. No attorney-client relationship is formed by reading this blog or contacting Morgan Legal Group.

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