A probate attorney, also known as an estate lawyer, is also responsible for walking a personal representative through the entire court process of probation from start to finish. All the steps involved in examining an estate depend on the estate laws, where the deceased resided at death, as well as any state in which the deceased could own property.
The measures taken to settle an estate differ based on whether the deceased died testate — with a valid last will and testament — or intestate, without having a valid will or other estate plan. A probate attorney is well-versed in all cases. A probate lawyer can also be appointed to counsel estate beneficiaries on legal and other issues raised by the personal representative during the probate process. It can become important if the beneficiary doesn’t get along or trust the personal representative.
Some probate attorneys are specialized in specific cases relating to the deceased’s assets. This will happen when a beneficiary contests the legitimacy of the last will and testament by a will contest. Such types of lawyers are known as litigators of land, or litigators of land and trust. Our probate attorney can however function in all these capacities. Contact a probate attorney near me- 10019 today.
A probate Attorney can assist a personal representative.
The probate lawyer advises and supports an estate’s personal representative with four areas of responsibility:
Collection and Evaluation of Assets.
An attorney can help the executor locate and secure both probate assets and non-probate assets and, if necessary, determine date-of-death values by appraisal. If the estate has named beneficiary, the executor will be required to collect any life insurance proceeds and roll over and make appropriate retirement plans choices, including IRAs and 401(k)s. The probate attorney will help with this. Eventually, if they are not sold, the decedent’s real estate and other assets will have to be retitled in the property beneficiaries ‘names. Usually, the lawyer always cares about this paperwork, and the executor will allocate what remains of the decedent’s estate to the survivors after paying bills and taxes.
Proper handling of finances.
A probate attorney will decide on the payment of the deceased’s final bills and outstanding debts, and will review and file all the court-requested papers. The executor must keep track of the estate’s checking account, and the solicitor will also oversee this, in addition to deciding if any federal or state property taxes or inheritance taxes are due. If so, the solicitor must find out where the cash must come from to pay these fees, as well as any income taxes owed over the last year of life.
The probate attorney may settle any conflicts between the legal representative and the beneficiaries of the estate and help in the selling of land. This is the attorney’s duty to obtain approval from the court for different acts as required by state laws, including property sales. Court settlement will help reassure disappointed or displeased beneficiaries.
Some aspects of settling an estate may require the use of common sense, but not generally a degree of law. Many executors can manage a few of these specifics alone. Yet more complex estates can be minefields with possible issues a professional can best tackle. An attorney’s help can be helpful when heirs don’t get along, when the estate contains diverse properties like business investments, or when the deceased hasn’t left enough money to cover all debts.
Cases when probate will not be necessary
- Assets are held in a trust, and there is no will
- Assets are jointly owned with spouse or by joint tenancy
- Assets contain beneficiary designation e.g insurance proceeds, IRAs, POD accounts
- The estate worth less than $30,000. In this case, a small estate administration will be done instead. The small estate administration is quicker and less expensive than the normal probate.
Contact the Best Probate attorney near you today – 10019.
A probate attorney is pivotal to making well informed decisions that would definitely result into resolving any probate issues as well as making solid estate plans.
Consulting our probate attorney would ensure all appropriate formalities are with proper protocol. With this, you stand at better chances of winning any legal probate matters and achieving your goals of estate plans with adequate execution.
With the wellbeing of you and your loved ones at risk and safety of your assets in question, is preparing estate plans yourself worth the risk? Why not Contact our best probate attorney 10019.