Are you and your relatives trying to figure out how to manage your relative’s estate? If so, you may have gotten advice to hire a probate lawyer. When it comes to distributing wills and making sure that the decedent’s wishes are met, a probate lawyer is essential.
But if you’re unfamiliar with their duties, you may be wondering, “What does a probate lawyer do”?
To learn more about probate attorneys and their responsibilities, continue reading the information below:
What Is a Probate Lawyer?
For the most part, probate lawyers, also known as estate or trust lawyers, help executors of an estate go through the probate process.
They might also assist with estate planning like drafting wills or living trusts. Plus, a probate attorney provides advice on powers of attorney or serve as an executor or administrator of an estate
What Does a Probate Lawyer Do?
The duties of a probate lawyer depend primarily on whether or not a decedent has drafted a will before their death. For instance, if there is a will, when the individual dies a probate attorney is hired to advise the other parties involved about various legal matters. These parties include the executor of the estate or a beneficiary.
A probate attorney goes over the will to make sure it wasn’t signed or written under duress. Some elderly individuals with dementia may be vulnerable to pressure or influence by individuals who want to benefit from the estate.
There are also various reasons why wills may be challenged. However, the majority of wills go through probate without an issue.
On the other hand, if the decedent dies without a written and signed will, then it’s considered intestate. When this occurs, the estate is distributed per the intestacy laws of the state where the property resides— despite the deceased wishes.
In circumstances like these, a probate lawyer is hired to guide the administrator of the estate, and make sure the assets distributes per state law. A probate attorney may assist with other tasks.
Also, a relative who wishes to be the estate’s administrator must first obtain renunciations from the decedent’s other family members. A renunciation is a legal document that takes away a person’s right to administer the estate.
A probate attorney can help secure and file these statements within the probate court. They’ll also assist the administrator with the probate process. This entails managing the estate checkbook, securing assets, figuring out estate taxes, etc.
If you need to find a probate lawyer, follow the highlighted link.
Let a Probate Attorney Help You
As you can see, hiring a probate lawyer is essential for making sure things go smoothly after a relative passes away. Without their help, it could cause confusion during the process and lead to family disputes. Therefore bringing in a probate lawyer is the best bet for a smooth transaction.
Did this article help you understand “what does a probate lawyer do”? If so, take a look at more of our blog posts. We publish a variety of articles pertaining to fashion, technology, business, and more.
Check it out!