Do I Need an Inheritance Lawyer?

Inheritance lawyers are also known as probate or estate lawyers. They represent clients in cases involving wills, trusts, and estates. They also help in other legal matters related to property. There are various ways an inheritance lawyer can help. It all depends on the specific details of an estate.

A probate lawyer’s role in an estate or trust depends on the details of the situation. If the deceased person owned assets in their name alone, a probate is necessary. The next question is whether they had a last will and testament that disposed of their assets. If the decedent did have a will, a probate lawyer can help the personal representative collect and distribute assets. If there is no will, a lawyer can help heirs start a court proceeding to receive their inheritance.

Not all probate or estate lawyers handle litigation. Many probate lawyers are transactional attorneys. , which means they spend most of their time drafting and executing legal documents. Most have little to no experience litigating disputes.

If there is a dispute, you need a probate litigation attorney to advocate for your rights. For example, if there is a dispute over the validity of the will, litigation may be necessary. You need to hire an attorney who specializes in probate litigation.

A lawyer needs a completely different skill set to successfully litigate inheritance issues. So if you are involved in a contested estate or trust, make sure the attorney you choose has experience handling those kinds of cases.

ABOUT THE AUTHOR

Founding attorney Paul Deloughery has been an attorney since 1998, became a Certified Family Wealth Advisor. He is also the founder of Sudden Wealth Protection Law.

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