When it comes to safeguarding their assets for the future, individuals often turn to probate to ensure their property is protected and distributed according to their wishes after they pass away. This legal process, commonly known as a will, involves declaring how one’s property or assets should be distributed among surviving family members. Additionally, a will may also include instructions for settling any outstanding debts upon the asset owner’s death. Let’s delve into the role of the attorney who oversees this planning process.
Understanding the Probate Attorney
A probate attorney, also referred to as a trust or estate lawyer, plays a crucial role in managing the estate planning process. In addition to assisting with the creation of a will, these attorneys provide valuable guidance to the estate administrator. This article will explore the attorney’s involvement in the entire process.
The Key Responsibilities of a Probate Lawyer
There are two main aspects to the attorney’s work: handling cases with an existing will and those without a will.
When an individual has prepared a will prior to their passing, the attorney’s role is to offer legal advice to the involved parties. This involves a thorough review of the will to ensure its validity and authenticity. In cases where vulnerable individuals, such as the elderly suffering from dementia, may be susceptible to undue influence, the attorney works to protect their client’s interests.
If a person dies without a will, known as dying intestate, the distribution of assets is governed by the state’s laws where the property is located. Typically, assets are transferred to the surviving spouse according to state regulations. In such instances, the spouse may enlist the services of an attorney to navigate the complexities of property distribution and legal procedures.
Overview of an Attorney’s Duties
Here are some key responsibilities of a probate attorney:
- Reviewing or assisting in drafting wills
- Collecting insurance-related documents
- Evaluating the deceased’s assets
- Securing assets and taking necessary precautions
- Assisting with debt settlement for descendants
- Examining the tax history of assets for any outstanding dues
When to Seek Legal Assistance
Legal guidance from a probate attorney is essential in specific situations, such as when dealing with property or significant assets. Whether you are creating a will or are a rightful heir to an estate, seeking the expertise of a seasoned lawyer is advisable. Complex estates or those with outstanding debts often require professional legal assistance to navigate the legal intricacies.
In cases where there is no existing will, an attorney can provide guidance on distributing assets in accordance with state laws. Hiring an attorney can help individuals gain a better understanding of their property and ensure a smooth resolution of estate-related matters. It is crucial to consider the fees charged by an attorney and opt for experienced legal counsel when seeking assistance.
