The Probate process involves the estates of the deceased parties that are being allotted for distribution. It is a legal procedure in which the deceased party’s will is fulfilled, divided and finally distributed amongst the heirs. As per Probate Law, the Probate Court appoints an individual to oversee the distribution of the estate. The Probate Attorney is appointed for the same purpose, to settle all the outstanding obligations of the deceased party to his or her heirs, without having to go through the formalities of Probate Court. There are many important tasks associated with the job, which an experienced probate lawyer could always assist the heirs with, as well as protecting them from any unforeseen consequences of the court hearing. An experienced attorney can prevent the Probate Court from making certain decisions in favor of one of the deceased party’s heirs that would be contrary to the interests of the beneficiary.
When the Probate Court is presented with an estate plan, the attorneys are responsible for analyzing the whole situation to come up with a solution that will benefit the heirs of the decedent. They analyze the financial situation of the estate to see what tax breaks the family can benefit from. If there are any debts owed by the decedent to a third party, the attorney will negotiate with the lender to reduce the amount to be paid. In some situations, particularly when the decedent had no insurance or other means of protecting his or her estate, the probate attorney may petition for specific tax exemptions for the beneficiaries. For example, if the decedent had no life insurance or other security, the probate attorney may argue for a refund of tax on the basis that the decedent was not in a position to receive the pension, annuity or other cash payments expected from his or her work.
Beyond the actual implementation of Probate Law, the Probate Attorney is responsible for implementing all agreements reached between the heir(s) and the deceased party. This includes distributing the deceased person’s property to the heirs according to the agreement reached. It is the duty of the Probate Attorney to review and sign all agreements reached and to file the final paperwork in the appropriate county or jurisdiction. Any corrections or modifications required are then presented to the person who is the beneficiary.
Another important task faced by a Probate Attorney is that of keeping track of the assets that have been accumulated during the probate process and at the same time fulfilling all of the responsibilities and the demands of the intestate process. As a matter of fact, many Probate Attorneys actually holds the title of executing the will of the deceased person who has passed away. If during the execution of the will, there are any issues with the executing of the document or any dispute regarding the distribution of some assets of the deceased person, the probate attorney is then responsible to resolve those matters. If there are any obligations or claims against the deceased, the probate attorney is then in charge of dealing with those matters as well.
There are some particular tasks and jobs that must be performed by the Probate Attorney. One of those tasks is maintaining all of the important financial records of the estate during the probate process. The Probate Attorney must be involved in the preparation and filing of all of the necessary paperwork that is needed for such an important task. The attorney also must provide advice and suggestions to the heirs regarding various issues regarding their respective bank accounts, estates and other assets.
In the event that the Probate Attorney becomes ineffective, another estate administration lawyer who is also a qualified probate lawyer must be retained. This way, the entire probate process will continue smoothly and successfully. There are many different estate planning lawyers that are available and most of them can be found on the Internet. The website of a reputable estate planning lawyer will list any and all of the attorneys in that specific area that are currently working.
