Probate Attorneys: What They Are and What They Do
Dealing with the legal complexities surrounding someone’s estate after their passing can be an overwhelming task, hence the need for a probate lawyer. Their main role is to provide you with legal counsel and representation in the probate process.
What a Probate Attorney Is
A probate lawyer, also called an estate lawyer, is a licensed attorney specializing in guiding clients through the probate process. Their responsibilities include serving as personal representatives, executors, or administrators for an estate and guiding clients through the legal tasks associated with probating a will and distributing a deceased’s assets. They can advise clients on reducing inheritance taxes, draft wills and trusts, and assist families with elderly care planning.
The Responsibilities of a Probate Attorney
The responsibilities of probate attorneys vary depending on the case. But their duties generally include the following:
Identifying and Assembling the Decedent’s Assets
After someone passes away, the first step of the probate process is to identify all of their assets and determine their value. The probate lawyer plays an important role in assembling all the necessary paperwork.
Notifying Creditors
The probate lawyer also notifies all the decedent’s creditors of their passing. They will coordinate with the estate administrator to ensure all creditors are paid out of the estate.
Paying Taxes
The probate lawyer will ensure that all estate taxes and final income tax returns are prepared, filed, and paid on time.
Distributing the Estate
Once all debts are paid and taxes are filed, the probate lawyer helps distribute the assets of the estate to the appropriate beneficiaries according to the decedent’s will. They also ensure that the assets are distributed in accordance with all applicable state and federal laws.
Probate Litigation
If there are disputes among family members or other parties, the probate lawyer may need to represent their clients in probate litigation. This can include a will contest and any other legal challenges that may arise during the probate process.
Reach Out to Haynes Melbye Law Office Today!
For questions or more information about probate lawyers, don’t hesitate to get in touch with Haynes Melbye Law Office today. Our staff will be more than happy to answer your queries and assist you with your needs.