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What a Probate Lawyer Does

Lawyer's desk. What a probate lawyer does.

A probate lawyer is an attorney who specializes in the legal process of settling a person’s estate after they pass away. What a probate lawyer does is identify the deceased person’s property, figure out who is supposed to receive it, and then legally transfer title to those people. They provide vital support during this difficult period to heirs and beneficiaries.

Advising the Personal Representative of the Estate.

Probate lawyers advise the personal representative of the estate, assisting them in all legal matters related to settling the estate. This includes helping the court understand how best to manage the property during the probate, and divide the property and assets. Moreover, they provide advice on taxes and possible debts that the estate needs to pay.

Identifying and Collecting Assets.

One of the first tasks a probate lawyer will perform is to identify and collect the assets of an estate. This involves researching any outstanding accounts belonging to the deceased, locating private assets such as jewelry or property, and ascertaining if there are any debts which need to be repaid. The lawyer will compile a complete list of all assets and debts against the estate, so these can be accounted for in the probate process.

Identifying and Notifying Beneficiaries and Handling Court Appearances.

A probate lawyer must identify beneficiaries and heirs and ensure that they are legally notified of their involvement in the estate. Additionally, the lawyer must ensure that all required paperwork is filed with the court on behalf of the decedent’s estate. Furthermore, if necessary, a probate lawyer may appear in court to represent their clients and present any relevant evidence in order to facilitate a successful resolution.

Resolving Disputes Among Beneficiaries or Other Parties.

In the event of a disagreement among beneficiaries or other parties involved in the estate, such as creditors, a probate lawyer can step in to resolve the dispute. The lawyer can look into any rightful claims that may exist as well as present legal documentation in court, if necessary. Additionally, they will work with all relevant parties to try and reach an amicable resolution.

Filing Necessary Tax Documentation

A probate lawyer will also handle all tax-related issues, such as filing any necessary income or estate taxes. They will assess how much tax is due, taking into account any deductions and credits the decedent may have been eligible for. The lawyer must also review any insurance policies related to the estate, and make sure all relevant taxes are paid off in a timely manner. Additionally, they can help the executor of the estate with filing returns jointly with the deceased and obtaining an extension if needed.

Conclusion.

The specific tasks that a probate lawyer may perform can vary depending on the complexity of the estate and the specific needs of the client. Overall, a probate lawyer can help make the probate process less stressful and ensure that everything is handled in a legal and ethical manner.

Call Us To Get Help With Your Probate Case.

If you are facing the challenging and often complex process of probate, our team of experienced probate lawyers is here to help. We understand the stress and uncertainty that comes with managing an estate. And we are committed to providing the guidance and support you need to navigate this difficult time.

Whether you are a Personal Representative of an estate, a beneficiary seeking your rightful inheritance, or simply seeking advice on your legal rights and obligations, we have the knowledge and expertise to help.

Don’t wait to get the legal help you need. Contact us today at 602-443-4888 to schedule a consultation and take the first step towards resolving your probate case. Our compassionate and knowledgeable team is ready to assist you every step of the way.

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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