Are you looking for legal representation but you’re not sure what kind of attorney is best?
There are so many different kinds of lawyers, and if this is your first time needing one it can be difficult to figure out which one is right for you.
You don’t want to choose a lawyer that doesn’t specialize in your needs, especially in a difficult case.
You might be wondering what different types of attorneys do. For example, what does a probate attorney do?
We’re here to answer that question. Keep reading for a brief (but thorough) guide on probate lawyers and what they can do for you.
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So, What Is a Probate Lawyer?
A probate lawyer (such as the ones at Lees & Lees) helps with the probate process. Probate is the legal process in which a will is proven to be the final testament of someone who has passed.
Whether inheriting a house that is paid off or a smaller asset like a painting or piece of jewelry, one of the first steps in claiming ownership of the asset is going through this probate process.
If someone contests a will, it may go to court in order for it to be validated as a true and legal public document. When it’s validated, the executor of the estate is able to disperse assets.
What Does a Probate Attorney Do?
So how exactly does a probate attorney help?
Probate attorneys work alongside the executor of the estate to make sure that the wishes of the deceased are respected.
If there is no living will, the probate attorney helps the executor distribute assets according to the state law regarding intestate deaths (or deaths that happen prior to a written will).
They can also help to arrange and organize some of the more complicated parts of estate distribution, including managing life insurance payouts, securing assets, and dealing with any debt that the deceased left behind.
They can also be responsible for filing any paperwork based on probate law.
If the deceased has a will, the attorney can help the executor distribute assets in complicated situations, or help with contesting a will if the deceased potentially created it under duress or in a situation where the deceased was not in a clear state of mind (if they were suffering from Alzheimer’s, for example).
Isn’t That The Same as an Estate Planning Lawyer?
Well, not exactly.
While an estate planning lawyer may be able to help with the distribution process, their primary task is to help the person who’s writing the will decide how assets will be distributed before their death.
A probate attorney does their work after the client of the estate attorney has passed.
To make it simple, an estate planning attorney’s client is the deceased while the probate attorney’s client is the executor.
Do You Need a Probate Attorney?
So what does a probate attorney do? They help to ensure that the will of the deceased is followed through by assisting the executor in the validation and distribution process, or in the process of following state laws in the event that there’s no living will.
If you’ve become the executor of a will and you aren’t sure how to manage it, a probate attorney can be a huge help. Reach out to one today!
For more answers to the burning questions that you have, visit the rest of the site!
