What Happens When A Probate Attorney Sells Your Estate?
A probate attorney is an experienced attorney who guides people through the complex probate procedure. Depending on your agreement with him and the extent of the case, a probate attorney can essentially fill out and file paperwork to the probate courts, keep track of vital dates, and even accompany you to court for important hearings. While this job is undoubtedly difficult and time-consuming, it is also very important. You are entrusting your loved ones' future to this lawyer, so you want to make sure that he is thorough and dedicated to his work.
The first step in probate is figuring out what happens to your loved one's property after his or her death. If the person who died has had a will or trust, the probate court appoints an administrator to handle the assets according to the terms of the will. If no will exists, or if the will was insufficient to establish an administrator, then the state will appoint an individual or businessperson to handle the probate and will compensate their workers and provide other benefits. These are all important considerations, and you will certainly want someone who is not only qualified in their area but compassionate and knowledgeable as well.
It is also important to hire a probate attorney who will be familiar with the intestate laws of your state. Many states have intestate laws that are much more complex than in the few states that use the" Representative intestate Incorporation" (" Representative intestate") method. In this system, a person with power to direct the distribution of his or her estate has the power to change the distribution of its assets. Therefore, it is extremely important that you hire a probate attorney who knows the ins and outs of your state's intestate laws. He or she should also be familiar with any special situations that might apply to your situation, including the possibility of multiple beneficiaries or estate tax issues. Know more also special needs trusts lawyers.
It can also help to check out the reputation of your prospective probate attorneys before hiring one. Perhaps you have worked with a real estate agent in the past who was not licensed to practice in the state, or perhaps he represented a company that you were concerned about. You should also consider the fees that you would be required to pay a real estate agent if you were represented by one of these attorneys. As these fees can vary widely, it is vital that you shop around and find a lawyer who can provide a reasonable flat fee with which to do the job.
After interviewing a number of probate attorneys and reviewing their resumes and fees, it is often time to interview the actual witness called to testify at the trial, either by yourself or by one of your heirs. If you interview the witnesses personally, you will get a better sense of what exactly happened as the executor was carrying out his duties. If you interview the witnesses by fax, you will not be able to accurately recall what the individual stated. In this case, the services of a third-party will be necessary. For example, if one of your heirs was calling the shots, you could have the witness sign a retainer.
Finally, once you have hired a probate attorney and hired the service of a personal representative, you will have a number of tasks ahead of you. First, the executor must liquidate your assets, take care of any outstanding debts that remain after the estate is distributed, settle any outstanding taxes, pay any outstanding litigation (such as wage garnishment) and obtain any overdue property. The last step, collecting debts from the remaining assets, is accomplished by sending a letter to the individual creditors. You can browse this website for more info.
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