At one point or another throughout our lifetime we hear about probate lawyers.
If you’re like most people you don’t pay attention until one day you’re faced with the inevitable – you desire a probate lawyer.
So what specifically is a probate attorney?
A probate legal professional manages the filing of the last testament or will of the deceased individual. Sometimes there are a few wicked disputes that arise from the disposition of property. Basically a probate attorney is an estate or a trust lawyer.
Far too many people do not think about finding a probate legal professional until someone has passed on. At these times, then there is a sense of urgency to hire a probate attorney therefore not allowing time to look around for the legal professional who will best represent your interests.
This area of law can be simple and straightforward or it can be confusing and convoluted. All of this depends on the amount of estate planning by the deceased while these were living.
Before going any further this is a good period to stress the value of experiencing a will and ensuring you have completed whenever you can to make sure that your family members are not going to experience any added emotional distress once you expire. It isn’t something we prefer to do, however in reality it truly could possibly be the ideal thing you are able to do for all your family members when you are alive.
Simply defined, probate is the process occurring after a person passes away which involves distributing assets and caring for any debts. That is a procedure that happens regardless of whether or not there’s a will.
JUST WHAT Does a Probate Lawyer Do?
Probate attorneys can help you create a final will and testament which means that your members of the family can involve some security in the event of your passing away. They also can assist with trust planning (including living trusts) as well as powers of legal professional and medical powers of attorney.
In addition, a probate lawyer can help a person with asset protection and undoubtedly the preparing and filing of most documents required with a probate court.
You will discover other matters that probate attorneys deal with such as income tax issues, requesting court permission for various actions as required and the retitling the decedent’s assets to the beneficiaries.
Some individuals question if indeed they really desire a legal professional to do all this and there is no for certain answer because in the end the decision is up each individual.
Legally a legal professional does not have to create a will or handle an estate. This is done on your own but it is not highly recommended because failure to execute the property legally may wrap up in a personal liability lawsuit after all is performed. Challenges to a will can and do occur frequently and when this happens it becomes necessary to truly have a good lawyer who is fully equipped to handle the case.
Making sure that everything is looked after before passing on is vital because one mistake may set back the executor of your will by months. An experienced legal professional will know everything that should be done in order to probate an estate regularly.
Remember, having a last will and testament may eventually be the best surprise you can give to all your family members.