Many individuals are unaware of the specific roles that probate attorneys play. These legal experts are responsible for managing the filing of a deceased person’s last will or testament.
Essentially, probate attorneys, also known as estate or trust lawyers, handle the various disputes and disagreements that arise from the distribution of a deceased person’s property. Often, people do not seek out these lawyers until after a loved one has passed away.
At that point, there is an urgent need to hire a lawyer, leaving little time to thoroughly vet the best candidate to represent their interests in court.
This area of law can be both straightforward and complex, depending on the estate planning that the deceased had in place while they were alive.
Guidance on the Probate Process
Probate lawyers provide valuable advice to their clients, helping them understand the importance of having a will or testament. They educate clients on the benefits of a will and ensure that all necessary steps are taken to prevent additional emotional stress for family members after their passing.
Creating a will can be a daunting task for many, but it is one of the most considerate actions one can take for their loved ones while still alive.
These lawyers assist clients throughout the probate process that follows a person’s death. This process includes settling the deceased’s debts and distributing their assets. It is important to note that this process occurs regardless of whether a will exists.
Roles and Responsibilities of a Probate Lawyer
Probate attorneys assist clients not only in drafting their last will but also in creating living trusts, planning trusts, and establishing medical and general powers of attorney.
They also guide clients in preparing and filing necessary court documents and protecting assets. Additionally, they offer advice on various matters, such as seeking court permission for specific actions, retitling assets to beneficiaries, and addressing income tax issues.
Whether or not to hire a probate lawyer is a personal decision, and there is no one-size-fits-all answer.
Probate Lawyers as Advisors
If you prefer to handle most of the responsibilities yourself, you can find lawyers who offer limited legal assistance. These unbundled services allow you to hire a lawyer for specific tasks, such as answering particular questions, without them managing the entire case.
Much of the probate process involves paperwork. If there are no disputes over the will and the court provides fill-in-the-blank forms, individuals may be able to manage most aspects of the process on their own.
In such cases, it is crucial to have a clear agreement with your lawyer, documented in writing. Lawyers maintain regular communication with beneficiaries to ensure everyone is informed throughout the process.
They also review communications before clients send emails or letters to beneficiaries to ensure accuracy and clarity.
Effective Collaboration with Your Lawyer
Regardless of your arrangement with your lawyer, certain practices can ensure a productive working relationship. Provide your lawyer with all necessary information and documents, such as insurance policies, tax returns, and property deeds.
Delays can occur if you fail to provide these documents promptly or do not work closely with your probate attorney.
Conclusion
If you seek the right advice and guidance during the probate process, it is essential to choose a professional who meets your needs.
