A probate attorney specializes in assisting clients with the legal process of probate and estate administration. The specific tasks a probate attorney engages in can vary depending on the complexity of the estate and the specific needs of the client. Listed below are some common tasks performed by a probate attorney
Advising on Estate Planning
Probate attorneys often provide guidance and assistance in creating estate plans, including drafting wills, establishing trusts, and designating beneficiaries. They help clients make informed decisions to minimize taxes, protect assets, and ensure their wishes are carried out.
Probate Administration
When a person passes away, their estate typically goes through the probate process. A probate attorney assists the executor or personal representative (appointed by the court or named in the will) in fulfilling their legal duties. This includes gathering and valuing assets, locating beneficiaries, paying debts and taxes, filing necessary court documents, and distributing assets according to the will or applicable laws.
Will Contests and Disputes
In situations where there are disputes over the validity of a will or concerns about its execution, a probate attorney can represent interested parties, such as beneficiaries or heirs, and litigate will contests or other related disputes in court.
Trust Administration
If the deceased person had established a trust, a probate attorney may assist the trustee in administering the trust. This involves managing trust assets, distributing income or principal to beneficiaries, handling accounting and tax matters, and ensuring compliance with the terms of the trust.
Estate Tax Planning
Probate attorneys can guide clients in minimizing estate tax liabilities through various strategies, such as establishing irrevocable trusts, making lifetime gifts, or utilizing tax-saving provisions in the law.
Guardianship and Conservatorship Matters
In situations where a person becomes incapacitated and requires a guardian or conservator to handle their financial and personal affairs, a probate attorney can assist in initiating guardianship or conservatorship proceedings and representing the interests of the incapacitated individual.
Estate Litigation
Probate attorneys may represent clients in estate-related litigation, including disputes over inheritance, breach of fiduciary duty claims, contested guardianships, or other legal matters arising from the administration of an estate.
Providing Legal Advice and Counsel
A probate attorney guides clients through the complexities of probate law, offering legal advice, explaining legal rights and responsibilities, and helping them navigate the process efficiently and effectively.
It's important to note that the specific tasks performed by a probate attorney can vary depending on the jurisdiction and the unique circumstances of each case. Consulting with a qualified probate attorney is essential to ensure proper estate administration and compliance with applicable laws.
To get started, contact a probate attorney in your area.
Share24 May 2023
My name is Noni. When I was in college, I was hit by a car while crossing the street. My life was never in danger, but I did break a few bones and had a lot of huge medical bills. I was hoping I wouldn't have to get involved with an attorney, but unfortunately, it came down to that. I used a family friend who is an accident attorney to get some compensation. A few years later, I was hit while riding my bike and had to go through the same process. I suppose I'm lucky to be alive. And it's thanks to accident attorneys that I have been able to put my life back together. I started this blog as a way to let others know just how much lawyers can help you in certain situations.