The assets of the deceased person should be disbursed in such a manner that they must comply with the direction of the state laws. In such a case, the Probate Lawyer helps the executor or beneficiaries of the estate through the probation process.
In this blog post, we will uncover all the things you should know before hiring probate lawyers.
What Is A Probate Lawyer?
When a person dies, all the belongings and assets of the deceased go to another individual. This process is known as probate. The Probate Lawyer, also known as a trust lawyer and Estate Planning Attorney, guides the family of the dead through this process. You can take the help of these lawyers to disburse the properties of the departed soul in an efficient manner and without any hassle.
These lawyers perform the following functions:
- Taking an account of the property of the deceased
- Paying off any debts of the dead person
- Stating the validity of the will
- Disbursing the property to the family members of the deceased.
When Do You Need An Estate Planning Attorney?
You don’t need a Probate Lawyer in every case. Many times, you can carry the probate process yourself. These lawyers are necessary in complicated cases or when the selected executor cannot handle the process independently.
It is the responsibility of the executor to complete the court forms and notify the people mentioned in the will. He also pays the expenses of the funeral and keeps a record of all the activities that are considered in the closure of the estate.
However, you can hire an Estate Planning Authority if you are unsure of the executor handling the process. Following are the times when should consider hiring these types of lawyers:
- No clarity in the will.
- When the deceased does not have any statement, or there is a dispute related to the property of the deceased.
- No surety of the will.
- You don’t know the laws related to the probate process.
- The property includes more debts than assets.
Who Requires A Probate Lawyer?
An Estate Planning Attorney is appointed when an individual passes away. You can also find the name of the lawyer in the will of the deceased person. When there is no will, the state appoints the administrator in that case. The administrator may be the spouse of the dead person, children, siblings, or parents.
The appointment of the executor lies entirely in the hands of the state laws. He has the responsibility to reject the person who has been appointed by the family.
Responsibilities Of A Probate Lawyer
You can take kinds of help from the probate attorneys. The work of the lawyer depends entirely on the will of the members of the deceased family. Therefore, the lawyer can either take the charge of the entire case or answer only the questions of the court while the members do the paperwork and the distribution. It is advisable to discuss this before hiring a lawyer.