In the aftermath of losing a loved one, many people turn to estate planning. In some cases, the death of a family member or friend can leave behind a significant amount of assets that need to be distributed to beneficiaries. To help with this process, some individuals hire a Probate Attorney to manage the legal proceedings.
Probate is a complex process that involves authenticating a will in court and settling debts associated with the deceased’s property. It also includes determining and inventorying all of the deceased’s assets, paying taxes and distributing inheritance to beneficiaries. If you’re considering hiring a probate attorney, it’s important to have a clear understanding of their role and what they can and cannot do for you.
A Probate Attorney can advise you on a variety of issues that may arise during the course of estate administration, including disputes between heirs. They can also ensure that your loved ones’ final wishes are carried out as they spelled out in the will and that all estate beneficiaries receive their fair share of the inheritance. In addition, they can assist you with filing any necessary paperwork for taxes and help you understand the legality of the distribution process.
If your loved one did not leave a will, the Probate Attorney can help you determine their estate rights based on state law. For example, New York law indicates that the living spouse and children inherit the estate if there is no will. The attorney can help you settle any tax debts associated with the estate and make sure that all inherited property is distributed properly to beneficiaries.
Another service that probate attorneys can provide is creditor protection. After a loved one dies, creditors have a limited time to file a claim against the estate for payment of their debt. If the executor of the estate does not pay a creditor’s claim, the creditor can file a lawsuit against the estate. The Probate Attorney can help you avoid this by making sure that the executor of the estate pays all debts owed to creditors.
Hiring a Probate Attorney is not always necessary. The decision to enlist their services depends on a number of elements, such as how comfortable you are navigating probate and whether the estate is large or complicated. It’s also important to make sure that you have a concrete understanding of how much the lawyer charges. Will they charge an hourly rate, a percentage based on the value of the estate or some other method?
In the aftermath of losing a loved one, there is often a lot of stress and conflict between heirs. A probate attorney can help you avoid these issues by serving as a mediator and helping to settle disputes between beneficiaries. They can also help to prevent misunderstandings and ensure that all claims are paid. If you have any questions about the role of a Probate Attorney, please contact us. Our team of experienced lawyers would be happy to answer any questions you might have.
