Understanding the Role of an Estate Planning Attorney & Probate Lawyer
An estate planning attorney clarifies that the probate process involves the distribution of assets from a deceased individual. For instance, if a person passes away without a will, the estate undergoes Probate to allocate the assets as per the law. This process requires the court to appoint an official, known as a personal representative or executor. A probate lawyer provides guidance on and oversees the legal aspects of probate proceedings.
Probate is a court-monitored process of managing assets left by a deceased person. A probate lawyer can help with securing death certificates, ensuring the deceased’s debts are settled, and filing tax returns. If the estate’s value is substantial, most states mandate that a lawyer handle the process.
Although probate lawyers may not be widely recognized, they play a crucial role in the transfer of estates. They can help ensure that the deceased person’s property is legally transferred to their heirs, respecting the deceased person’s wishes in NYC.
Services Offered by an Estate Planning Attorney
An estate planning attorney explains that many people are unaware of the role of probate lawyers. Their work can range from creating wills to distributing property after death. This area of practice involves dealing with intellectual property, trusts and estates law, tax law, and public benefits law.
The three main reasons someone might need a probate lawyer are: they have never created a will, it’s unclear who should inherit the deceased person’s property, or they have previously made a will but need to update it due to new laws or circumstances that have arisen since it was first written.
Justice Delivered by Our Estate Planning Attorneys
An estate planning attorney explains that the probate process can be complex and confusing. You need the assistance of a seasoned probate lawyer to guide you through the process and ensure everything is done correctly. Our team of lawyers diligently stays updated on new developments in probate law. We can provide a wide range of services tailored to your needs.
Our estate planning attorney is a full-service probate lawyer with expertise in all aspects of estate administration and the probate process. We represent clients and provide advice on various legal issues related to inheritance and property distribution. We also handle estate planning, Probate, and probate attorney services, linking the pages between us.
Frequently Asked Questions
1. How can I avoid Probate?
There are several ways to avoid Probate, but it requires pre-planning with your Estate Planning. You should consult an attorney if you are interested in avoiding Probate and formulate an Estate plan that aligns with your wishes, such as a Trust or Lady Bird Deeds.
2. Who should inherit the deceased person’s estate?
Any distribution of assets before the death of the person should be inherited from the deceased person’s estate.
3. Can a Will and intestacy be used to distribute the estate?
If a person does not have a last will, their estate will be distributed according to state law.
4. What happens if there is a living trust?
In this case, the trustee and all beneficiaries of the trust must seek competent legal advice immediately after the decedent’s death.
5. What if my estate doesn’t qualify for simplified Probate?
Your spouse or executor may not need a lawyer to assist with the probate process. However, if the process becomes more complex, the need for a lawyer increases. The more complex the probate process, the more hours the lawyer will need to invest.
6. What does it mean when a will is contested?
Sometimes, those who do not receive what they consider a fair share from a deceased relative’s will may choose to challenge or contest the will.
7. I’m receiving calls from creditors regarding my loved one’s accounts. What should I do?
Inform the creditors that your loved one has passed away and that they will need to wait until an administrator or executor is appointed. Do not agree to anything or sign anything with the creditor until you have consulted with an attorney. You should discuss these matters with your attorney.
8. What is a living trust?
A living trust is an agreement on how property will be distributed after the person’s death, created to avoid Probate.
9. What are the benefits of a living trust?
A living trust offers flexibility that Probate may not provide. It can help reduce taxes by avoiding Probate, avoid delays in estate settlement, and give more control to family members and others involved in a person’s care.
10. What happens if there are no legal heirs?
In some countries, if there are no legal heirs, the property will be transferred to state control. The executor may also be entitled to compensation for carrying out the estate administration on behalf of the deceased.