Roles of Probate Lawyer Explained

1. Roles of Probate Lawyer Explained

2. Whateverweaccumulate or earn on this earth,wewill have to leave backupon ourdeath. To dealwith our legacy is given for others to deal with. At this juncture, a probate lawyer near me will be of immense help to a family memberorfriendto assistwiththeprobateprocess. Also called as estate attorneys, probate lawyers assist their non-lawyer clients to fulfill various roles like personal representatives, administrators or executors of estates. They can guide their clients through the complete probate process or during the different stages of this process. Probate process can be described as paying of the deceased person’s debts and distributing the estate’s assets in accordance with the will or state law. The roles of a probate lawyer A probate lawyer is capable of doing a long list of things. What a probate lawyer will do in a given situation will depend on the needs of the administrator or executor. It will also depend on the nature of the complications in the estate, and if the deceased has left backawillor not. Theywilldealwith all the difficulties connected to the estate property and if there are any legal challenges in front of the debtors and beneficiaries.

3. What happens if there is a will? If the deceased person has left back a valid, signed will which was completed before death, a probate lawyerwill guide the administrator through the different steps of the probate process according to the terms contained in thewill.This role canbedescribedasconsultative. If there are any challenges to the will, if the beneficiary believes that the will is invalid, if the will was signed under duress or someone else’s influence, the probate attorney will represent a party during probate litigation. In such cases, someone can be contesting that they are left out of the will. There can be several reasons why a willmustbechallenged.However,mostwillsgothroughtheprobatewithfewproblems. What happens if there is no will? If the deceasedhas not left anyvalid,writtenwill, the situation is explained as the subject having died ‘intestate’. In this case, the state will have to decide who will inherit the estate. Depending on the state’s laws, the surviving spousewillgetthewholeorhalfofthedeceasedspouse’sestate.

4. In this case,alongwith theestate administrator, theprobate lawyerwilldistribute the propertyin accordance with the state laws. Irrespective of what the deceased person had said when they were alive, or how much some of the family members may need the money, the state will take the upper hand in accordance with the statelawstodistributetheassetsoftheestate. In the situation described above, the probate lawyer can help a loved one to be named as the estate administrator by the court. They can also be hired later to coordinate with the probate process after the probatecourtjudgehasnamedthemasadministrator.