The Role of a Probate Attorney

When someone passes away, their loved ones experience a host of emotions and have a lot to process right after. That is why it is a good idea to hire a probate attorney who can take care of the legal process for them. These attorneys are experts in probate law and know all the nuances involved with it. They will make sure that the deceased’s wishes are met and they will also settle disputes among family members and beneficiaries.

To become a probate attorney, one must first pass the LSAT. Once they have done so, they can enroll in a law school that specializes in estate law. Then, they must pass the bar exam in their state. Those that want to specialize in probate law often take additional courses that focus on the subject matter. This is because settling an estate can be very complex and the laws vary from state to state.

The main role of a probate attorney is to guide the personal representative through the estate administration. This can include identifying and securing assets, getting appraisals and negotiating with creditors. The lawyer will also pay any taxes that are owed by the estate. Once all of this is completed, the estate’s assets can be distributed to the beneficiaries.

Another important duty of a probate attorney is to represent the personal representative in court proceedings. This could include a will contest, relief against fiduciary or spousal elective share disputes. It is vital that the personal representative have an experienced attorney to ensure they are following all of the correct procedures and protecting themselves from liability.

In some cases, the will may be contested because the beneficiaries believe that it is invalid or was signed under duress or undue influence. A probate attorney can help resolve these disputes by filing a petition for a contested will in court. They can also file a lawsuit to determine whether the will is valid or not.

Probate attorneys are very useful to anyone that is a beneficiary of an estate or is looking to sell property that is still tied up in a will. They can provide valuable advice and guidance and can make the entire probate process much less stressful for everyone involved. It is always best to hire an attorney that primarily handles probate matters because they will be familiar with the ins and outs of your specific case. However, if you cannot afford to hire a probate attorney, there are services available that can help you through this difficult time.

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