Choosing a Probate Attorney
A probate attorney is an attorney that concentrates in handling estates and wills. Probate works on behalf of the dead person; it is their responsibility to divide the properties and assets that have been left behind when a person dies. Wills are designed to ensure that all debts, financial obligations and assets are properly distributed to the beneficiaries that you named in your will. If you have no will or the will is invalidated, your probate lawyer can help you establish one.
When you die, the court appoints an executor that is usually a close relative or a friend of the decedent. The executor is responsible for distributing the remaining assets to the heirs that you directed. In most cases, the executor is also responsible for protecting the assets from creditors and taking care of legal debts that may exist. In some situations, the executor is also responsible for paying any outstanding taxes that have not been eliminated by the beneficiary's estate plan. Therefore, it is important to make sure that the executor has a clear understanding of the entire probate process. Learn more by additional reading this article.
If you are considering hiring a probate attorney, there are several considerations to think about. Hiring a professional is a very expensive process because probate law firms work on a contingency basis, meaning they receive a percentage of the inheritance when a claim is made. Because of this high cost, only those heirs who have the financial means are able to get the help of a probate attorney. Secondly, the majority of families that make use of a probate attorney are wealthy and can pay out large sums of money, so hiring a lawyer that can best represent the needs of your loved one is very important.
There are several ways in which you can go about finding probate lawyers that offer a limited representation. One of these ways is to ask your local business community or professional association. Many probate lawyers will be happy to offer a limited representation to those that have limited knowledge of the process. In some instances, the lawyer may offer to take on the case if he or she believes the personal representative will have difficulty in reaching an agreement with the executor.
If you cannot locate any local probate attorneys, then you may want to consider turning to the internet to see if you can locate a suitable one. Simply conduct a standard internet search and you will find that there are many online firms that can provide a limited representation for your loved one's estate if you need it. Often, these firms will charge a flat rate fee to handle any probate court proceedings that you have. This can be beneficial for those that do not have a lot of money to spend on legal representation. However, it is important to remember that since these firms are independent of any other outside entities, you must still be careful to check references to ensure that the person you are dealing with is ethical.
Finally, if you cannot find any local probate lawyers, or if you would prefer to work without representation, you should consider turning to an estate planning attorney that can help you with the probate process. This type of attorney will be able to help with all aspects of the process including negotiating wills, making sure that proper paperwork is in place, and more. Since they are considered an expert in the field, they will often times have a good understanding of the probate process that can benefit you as well as the executors you have names of. Many also provide advice concerning the capital structure of your decedent's estate, life insurance, and more. Find out here for more helpful info.
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