The most challenging situation for a family is when a person dies and what they leave behind is nothing but wills to refer to. All of their assets, properties, and belongings are liable to someone or the other. Here an estate planning lawyer helps during the estate planning process.
They are even helpful afterward through the process of probate court. Well-versed with the state and federal laws, they help you apply these laws to your case and eventually impact in a positive way to your estate. The lawyer’s help is vital as they ease the processes for their clients and handle all the legal formalities attached to the situation.
How Do You Interpret The Term “Probate”?
Probate basically means the copy of a will certificate that is under the sea of a court of competent jurisdiction. There is also a grant of administration of the estate attached to it. The probate can only be availed or granted to an executor appointed for the Wills.
A probate attorney is also a mandatory step to consider if the will’s assets are immovable and present in multiple states. The probate attorney will help you manage all the legalities to be dealt with.
Why Is A Probate Lawyer Needed During The Process Of Estate Planning?
As rightly said by someone, you will not take it with you when you die. Someone will have to take care of it on your behalf. In such cases, utilize the help and guidance of a probate lawyer.
Probate lawyers, also known as estate attorneys, provide their expertise to non-lawyer clients. They fulfill their role as an administrator or executors of the estates.
They are even their personal representatives and assist them as per the requirement.
The probate process usually includes paying the person assigned to the will and distributing the estate’s assets according to the laws stated in the will.
A Probate Attorney Differs From An Estate Planner In A Few Key Ways
There has always been confusion regarding the difference between the estate planning attorney and the probate lawyer. Both work in estate law, which is essentially the same field. Yet there are a few differentiations that separate them from each other.
A probate attorney usually takes care of the estate-related administrative work post the demise of an individual. They even act as the administrator or the executor of the relevant estate if nobody I designated for the estate. As well as being a probate attorney, an estate planning attorney is also a probate attorney.
An estate planning attorney helps their clients who are alive draft their wills, living trusts, all kinds of trusts, and a power of attorney. They usually deal with eldercare planning for the senior citizens of a particular family. This indirectly helps in reducing the inheritance taxes for their clients.
Both of these attorneys can act as either one depending on which specialization they have chosen to move forward.
What Are The Fundamental Roles Of A Probate Attorney In All The Processes?
Probate lawyers provide legal advice to the family or their clients. Sometimes, the executor or administrator lives in a different state than the family. The probate attorney and their team step in to handle the situation.
Several law firms particularize in the provision of comprehending services in some situations. They fulfill all the needs and wants related to any probate case. The primary roles that they cater to
- Ensure all bank accounts, personal belongings, vehicles, real estate, and everything owned by the deceased are in good standing. Take care of inventory, securities, and savings accounts.
- Having knowledge about all the insurance policies of the descendant. The ongoing policies, life insurances, vehicle insurances, medical insurances, and so on.
- Keep the assets secured and safe post the demise and manage the estate’s checkbook.
- Submitting the recipient’s final income tax return and estate tax return. They will have to deal with all the legalities related to the tax account or work along an in-house account for all the tax preparation.
- Provision of advice on the debt payments considering the validity of a few debt situations, and preparing and filing the documents requested in the probate court.
Always remember to hire a probate attorney in case of wills or otherwise. It is advisable to gain professional help as they are the experts in their field, guide you better, and deal with almost everything related to the situation. It is preferable to hire lawyers when dealing with legal terms.