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Why You Do Need A Probate Lawyer?

Losing a loved one is difficult. After death, there are numerous memories and feelings to absorb. The last thing anyone wants is the hassle of probate. Probate lawyers can sometimes streamline the procedure. Some individuals are careful about their lives and deaths.

Death is a bill we all must pay. Others choose to arrange their estate property so their ultimate desires are carried out. These people may seek a Savin and Bursk Law probate lawyer to help with estate administration.

Asset distribution isn’t easy. All legal processes must be followed since it involves property. You want to know what a probate lawyer is, what they do, and who they serve. This page answers these questions and provides an outline of the issue.

Probate is the process of determining a will’s validity and managing a deceased person’s inheritance. A probate lawyer ensures the orderly transfer of estate property to beneficiaries. Since most probate problems involve legal counsel, a probate attorney works with executors.

After a certain time, people’s estate assets must be divided. This follows their will. It follows state legislation. Some hire a probate lawyer for this.

The probate lawyer can help the will’s executor and beneficiaries through probate. Through a guided probate procedure (including probate legal jargon), these people guarantee the executor implements the will without bias. They guarantee all recipients get their share. The executor can always consult a probate lawyer before transferring assets to beneficiaries.

Probate Procedural Steps:

  • Identify assets based on an estate plan
  • Property appraisal
  • Manage insurance money
  • Funeral costs (this may also include estate tax returns)
  • Deceased’s debts settled (only legitimate debts)
  • File probate court paperwork
  • Estate or inheritance tax management
  • Checkbook management
  • Assets to beneficiaries
  • Debt collection

If the deceased’s estate is under a trust, probate can be avoided. This ensures a smooth, legal-free asset distribution. Asset distribution may not need probate in specific instances.

Trust is a fiduciary relationship in which a person (trustor) offers another party (trustee) exclusive rights to hold title to an estate for a third party (beneficiary). This means the dead charged a person or individuals with dividing their assets with certain beneficiaries.

Can a probate attorney or executor be a trustee? Sure! The trustee might be a lawyer, executor, or both. This reduces stress and probate time.

When Is A Probate Lawyer Needed?

Your estate size will determine if you require a probate lawyer. In some situations, it also depends on the size of your family when you die. Several criteria might assist you to decide if you need probate counsel to handle your estate’s legal problems. These elements will help you check or uncheck boxes:

  • State probate
  • What’s your fortune?
  • Your estate’s retirement savings and life insurance policies
  • Is your estate probate-free?
  • Are beneficiaries united?
  • Estate taxes?

Will Probate Attorney

If a person has a will, a probate lawyer can advise others engaged in its administration (the executor and the beneficiaries). The probate lawyer must assess if the will was signed under duress or improper influence. Some elderly persons with dementia may be excessively swayed by others who desire their will and life insurance proceeds.

Concerned? A probate litigation attorney must oppose the will, trust, or executor’s fiduciary obligation if a probate lawyer identifies a flaw in the will. This affects an estate’s fate.

No-Will Probate Lawyer

When someone dies intestate (without a will), their estate is dispersed according to state intestacy rules. Without a will, the deceased’s intentions or stipulations are irrelevant.

State-by-state intestacy laws vary. Under many states’ intestacy rules, a married person’s surviving spouse receives all intestate property.

An estate administrator can employ a probate lawyer in this case. The lawyer can distribute the deceased’s assets according to state legislation. In the absence of a will, the probate lawyer fulfills all mentioned tasks according to intestacy statutes. No will can account for the deceased’s intentions, stipulations, or survivors’ requirements.

About the author

Carly Blair

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