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 and assets should be distributed among surviving family members. Additionally, the will may also include instructions for settling any outstanding debts left behind by the asset owner. Let’s delve into the role of the attorney who oversees this planning process.
The Function of a Probate Attorney
A probate attorney, also referred to as an estate or trust 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 executor of the estate. This article will explore the attorney’s responsibilities throughout the entire process.
Key Responsibilities of a Probate Lawyer
There are two main aspects to the attorney’s work: handling cases with an existing will and cases 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 may involve carefully reviewing the will to ensure its validity and addressing any unsigned documents that need attention. Elderly individuals suffering from conditions like dementia are particularly vulnerable to exploitation by unscrupulous family members, so the attorney must safeguard their client’s interests in such situations.
If a person dies without a will or an executed will, the estate is considered intestate. In such cases, the assets are distributed according to the laws of the state where the property is located. Typically, the surviving spouse receives the assets as dictated by state law. The spouse may choose to enlist the services of an attorney to navigate the complexities of property distribution. Given the intricate nature of legal language and varying state laws, the attorney plays a vital role in assisting clients with property-related matters and representing them in court proceedings if necessary.
Overview of an Attorney’s Duties
Understanding the scope of an attorney’s responsibilities in matters related to wills is essential. Here are some key tasks that highlight the attorney’s role:
- 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 liabilities
When to Seek Legal Assistance
Legal guidance is not always necessary, but there are specific circumstances where hiring a lawyer is advisable. If you are involved in managing a property or estate, seeking assistance from a knowledgeable attorney is crucial. Whether you are creating a will or are a rightful heir to an estate, legal support can be invaluable. In cases involving complex estates or legal matters, an experienced attorney can simplify the process and ensure compliance with state laws.
Dealing with a deceased individual’s debts often prompts spouses or descendants to seek legal counsel for debt settlement. In situations where there is no existing will, an attorney can provide guidance on distributing the estate in accordance with state regulations. Hiring an attorney can also help individuals gain a better understanding of their property rights. Therefore, the services of a probate lawyer are essential for resolving property-related issues effectively. When selecting an attorney, consider their fees and opt for experienced legal representation.
