When people die they often leave behind valuable possessions, including property and assets. These must be distributed properly, and that’s where a Probate Attorney comes in. Probate is a legal process to validate a will and settle the estate. In some cases, it’s not necessary to hire a probate lawyer, but in others, they can make the process much easier and more efficient. In this article, we’ll take a look at what a Probate Attorney does and how to find the right one for you.
A probate attorney’s primary duties are to assist executors in managing and settling the deceased’s estate. In addition, they can act as a resource for beneficiaries when questions or disputes arise during probate proceedings.
The first step to becoming a probate attorney is completing the Law School Admission Test (LSAT). After passing this exam, you’ll need to attend law school for four years to earn your Juris Doctor degree. If you want to specialize in probate law, consider going to a school that has an extensive clinical program that teaches you practical skills.
After graduating from law school, you’ll need to pass the New York bar exam to become a licensed attorney. Once you’ve passed this hurdle, it’s time to start focusing on your practice. You’ll need to build a strong client base and focus on providing high-quality service to your clients. This will help you build your reputation and get noticed by potential employers.
When you’re ready to hire a probate attorney, it’s important to choose someone with a proven track record of handling complex estate matters. You should also ask how long the attorney has been in practice and whether they have any experience handling your type of case. It’s also worth asking how much they charge for their services.
In addition to assisting with property and asset management, probate attorneys can also provide litigation services. For example, if a beneficiary thinks the executor of the estate is mishandling their inheritance or using it for improper purposes, they can file a claim in court. A probate attorney can defend the executor of the estate against these claims.
Another service a probate attorney can provide is establishing kinship. This may be necessary when the identity of the deceased’s distributees is unknown at the outset of the proceedings.
A probate attorney can also help with heirship hearings, contested wills, contested accountings, and relief against fiduciary duty. They can also assist with tax elections and filings, executing the sale of real estate owned by the deceased, obtaining life insurance proceeds, and ensuring that all interested parties are served with notices of the proceedings. This is essential for resolving any conflicts and distributing the estate according to state law. If you’re looking for a probate attorney, it’s best to find a lawyer who exclusively deals with estate cases. This ensures that they will be familiar with the unique issues and circumstances of your case. It can also speed up the process as they’ll already be familiar with your judge’s way of handling these types of cases.
