When To Call A Probate Attorney

There are a variety of situations, which can benefit from the expertise of a skilled probate attorney. A lawyer can work to help avoid issues that may arise after the death of a loved one or with an individual who has somehow become incapacitated.

Definition

Probate law is an area involving a variety of matters in regard to the estate or will of a person who has recently become deceased as well as issues surrounding an individual who has been deemed mentally incompetent.

Last Will and Testament

Wills are documents, which outline an individual’s property dispersal after death. Some wills are fairly easy to navigate and interpret, while others are more in-depth and complex. Some may state that all property of the deceased go to one individual, whereas others will divide up the property to a variety of recipients. In cases such as these, an attorney can offer advice to help make the will clear and understandable with little room or argument following the death of the individual in question.

Trusts

An attorney should be involved with the trust preparation. A trust is a document, which states legal title to property or money by one individual for the benefit of another. There are several types of these agreements, each containing specific language used to help the descendent with limitations and tax savings in regard to how the trust may make use of the property.

Court Appearances

Though a legal assistant or paralegal is generally able to prepare a trust or will agreement, only a licensed attorney is able to represent a client in a court of law. As such, a probate attorney is require in order to try a related case. These cases are generally quicker than other types, due to the fact that they involve only minor preparation and filing in court. Though, hearings that involve the mentally incompetent, minors, a will challenge or a lawsuit with a decedent may very well require a lawyer in order to obtain a decision on the case.

Estate Administration

Attorneys are useful in directing the probate process, which at many times can seem quite burdensome, stressful and arduous. Administration paperwork pertaining to the estate of another individual depends on the state in which you reside. Once an individual passes on, their belongings must be moved out of their name and into the names to the beneficiaries or heirs as outlined in the will. Heirs are individuals who inherit the belongings of a descendent. As a deceased person is unable to own tangible property or manage their financial dealings, the property must be passed to someone else.

Considerations

If you have any questions regarding a possible probate issue, your best option is to schedule yourself a consultation with a licensed attorney who is experience and skilled in the area. He or she will best be able to outline your options and provide you with ideas on how to best to deal with the situation at hand.