There are two major functions that a probate lawyer does. One is to settle the estate of a deceased person, and the other is to defend the assets of a deceased party. While the assets of the deceased party are mainly upheld in probate court, the assets belonging to the survivor or children are kept in the bankruptcy court. When the person dies before having an opportunity to discharge his/her assets, the court appoints the probate lawyer.
The aim of a probate lawyer is to defend the deceased party and to obtain the rightful property of the dead person. In this regard, the probate attorney will argue on behalf of the deceased party to prevent any auctioning of his/her assets and to prevent the creditors from claiming them. When there is no rightful owner to the assets of a deceased party, it is then allocated to the probate attorney by the court. There are two types of property that can be included in the probate estate; real property and personal property. The court may order an inventory of the deceased’s assets after the conclusion of the probate proceedings.
In estates where there is no valid will, the probate attorney will carry out the wishes of the deceased. However, the probate court is consulted to settle the claims made by the heirs. In estates where the testament has been executed by the deceased, the probate attorney will carry out the wishes of the dead person as regards the disposition of the inheritance properties.
Estate planning is the process of making provision for the welfare of the future beneficiaries of a will. It includes the payment of tax liability, and the allocation of the inheritance properties. The probate attorney will assist in the preparation and filing of the estates. The probate attorney may also act as a representative of the decedent when making final decisions concerning the property and financial assets. He/she may also act as the executor or decide the distribution of the property.
The personal representative is the person who is legally authorized to administer the estate of the decedent. A will must be prepared and signed by the testator, naming the personal representative to be appointed. Once the proper documentation is in place, the probate attorney will file it with the court. A large enough estate may require that more than one personal representative is appointed. Personal representatives can be family members or close friends.
Probate attorneys offer a broad range of services to deal with the estate administration process including wills, trusts, and probate settlements. These services can be utilized before or after a death. An attorney can also make recommendations for estate planning strategies. A good attorney should have a strong background in estate planning and taxation. With experience and proper training, a probate lawyer can help you create a will that meets your needs and provides the protection you deserve.
