after hiring a probate attorney, what she would do

After you find and hire a probate attorney in Austin, there are many things he or she will do to assist and advise you. They will likely begin by locating and securing the probate assets and the non-probate assets, helping to organize and assess the estate.

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Why should I hire a probate lawyer?

A probate attorney is a state-licensed lawyer who can help the Executor of a Will (if one was appointed) or the beneficiaries of an estate get through probate as they work to settle an estate. Their services could typically include everything from finding and inventorying assets of the estate, to understanding and paying all the debts the estate may have, to distributing and …

Can an attorney take on a probate case?

In other words, many lawyers no longer insist on taking responsibility for all the work of a probate case. They will agree to provide limited services—for example, answering your questions during the probate process—while you take on other tasks traditionally done by the lawyer, such as drawing up the probate court papers. Especially if your court provides fill-in-the-blanks probate …

What does a probate lawyer do when someone dies?

Basically, a probate lawyer is held to be liable to suggest the representative of the estate that how to manage the assets of the deceased one. Any person, be it the executor, administrator, or the beneficiary, can consider hiring the probate attorney for the deceased one’s property affairs. Usually, a probate attorney has the complete liability for advising the personal representative …

How to hire an estate attorney as an executor?

Since they know the probate laws inside and out, a lawyer will be able to guide you through the steps quickly and efficiently. They'll also be able to take care of troublesome paperwork and ensure you don't make any mistakes that can turn into bigger problems later. Most importantly, however, hiring a probate lawyer will help you focus on what really matters, which is mourning …

What to do when winding up an estate?

When you're winding up an estate, there's usually a lot of legwork to be done—things like making phone calls and gathering documents. Many of these tasks don't need to be done by someone with a law degree. So if you're paying the lawyer by the hour, you'll probably want to volunteer to take on some of this work yourself.

How long do you have to keep a probate case open?

State law requires you to keep the probate case open for months, to give people time to come forward with disputes or claims—but in most probates, beneficiaries don't argue about anything in court, and few creditors submit formal claims. By all means, ask the lawyer any questions you have about the proceeding.

What is probate attorney?

Basically, a probate lawyer is held to be liable to suggest the representative of the estate that how to manage the assets of the deceased one. Any person, be it the executor, administrator, or the beneficiary, can consider hiring the probate attorney for the deceased one’s property affairs. Usually, a probate attorney has ...

When is probate necessary?

Probate is necessary if there is no will of the decedent one. It is necessary if there a valid will is there. Probate of will is important if there are some problems with the existing will. It is necessary when the assets are completely on the name of a deceased person.

Why do you need a probate lawyer?

Most importantly, however, hiring a probate lawyer will help you focus on what really matters, which is mourning your loved one who passed away and being with family and friends.

How many years of experience do probate lawyers have?

Any probate lawyer you work with should have at least several years of experience. If your case is complicated, you should also make sure they have worked in similar circumstances. This way you know they can handle any problems that come up along the way.

What happens when a person passes away?

When a person passes away, they leave behind a number of assets, such as their personal belongings, a home, money, etc. Most people appoint an executor of will to be in charge of disbursing these assets to any other beneficiaries. This process can often be complicated and confusing.

What is the job of an executor of a will?

Most people appoint an executor of will to be in charge of disbursing these assets to any other beneficiaries. This process can often be complicated and confusing. That's where a probate lawyer comes in. This type of lawyer is well versed in all the probate laws in your state, and their job is to guide the executor of will through ...

What to do if someone passes away with life insurance?

Handling the proceeds from life insurance. Filling out any necessary documents. If the person who passed away had any debt or bills they failed to pay, a probate lawyer will also advise the executor of will on the best way to handle these issues.

What happens if someone dies without a will?

If someone dies without a will, all their assets must be dispersed according to intestacy laws. In other words, the state will distribute the assets—regardless of what the person may have wanted. For cases like these, you can hire a probate lawyer to help the administrator of the estate (which is kind of like the executor of will) ...

What are the duties of a life insurance agent?

Some of the jobs they might take care of including the following: 1 Appraising the property of the person who passed away 2 Securing all that person's assets 3 Finding out how much (if any) estate taxes are owed 4 Handling the proceeds from life insurance 5 Filling out any necessary documents

What does a probate attorney do?

A probate attorney usually handles the process of estate administration after a person dies. An estate planning attorney, on the other hand, works with living clients on how their client's estates should be administered. The attorney could do that by helping clients prepare trusts, wills, and other relevant documents.

What is probate lawyer?

Generally speaking, probate lawyers, also called estate or trust lawyers, help executors of the estate (or “administrators," if there is no will) manage the probate process. They also may help with estate planning, such as the drafting of wills or living trusts, give advice on powers of attorney, or even serve as an executor or administrator.

Can you take your will with you when you die?

As the old saying goes, you can't take it with you when you die. But a probate lawyer can help surviving family members settle your debts and distribute your assets after you're gone, with or without a will. So what is a probate lawyer?

What happens if you die with a will?

If an individual dies with a will, a probate lawyer may be hired to advise parties, such as the executor of the estate or a beneficiary, on various legal matters. For instance, an attorney may review the will to ensure the will wasn't signed or written under duress (or against the best interests of the individual).

What happens if you die without a will?

When this happens, your estate is distributed according to the intestacy laws of the state where the property resides, regardless of your wishes.

Understand what a probate attorney does

Probate attorneys focus on estate planning, wills, and trusts, but there are significant differences in their areas of expertise.

Start your attorney search, and ask these essential questions

Establishing an attorney’s credentials is the primary goal of an initial consultation. You should determine whether probate is the firm’s primary practice area. You should also find out whether the attorney practices in the county’s probate court often and whether the person has handled similar cases in the past.

Prepare for your meeting with the attorney

For efficiency and convenience, prospective clients need to be adequately prepared for their first meeting with a probate attorney. A lawyer may need the following documents to assess the case accurately:

Get the closure you deserve

Probate is considered closed once the executor feels they’ve uncovered all assets and debts belonging to the deceased individual and a final accounting has been completed.

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When is probate required?

Probate is common when handling large, complex estates that include property, large sums of money, or multiple assets.

How to avoid probate?

If your loved one created a simple will leaving mostly possessions to family and friends, probate may not be necessary. Avoiding probate means the following: 1 The ability to keep the proceedings private and out of the court system 2 Less legal fees and taxes 3 A more speedy and less complex settlement of the will

What is probate in a will?

But this isn’t always the case. Probate is the legal distribution and transfer of assets following someone’s death. And is often used when a person owns property or real estate only listed in their name. Even if their will leaves the property to a family member, legal steps are required to carry out this inheritance.

Is probate necessary for a will?

If your loved one created a simple will leaving mostly possessions to family and friends, probate may not be necessary. Avoiding probate means the following: The ability to keep the proceedings private and out of the court system. Less legal fees and taxes. A more speedy and less complex settlement of the will.

Is it difficult to handle a loved one's death?

Handling the death of a loved one is difficult in and of itself. When you add carrying out their final wishes to the mix, it can be emotionally draining. Hiring a probate attorney can help ease your mind during this difficult time.

What is a bank statement?

Bank statements and other financial documents. A list of your loved one’s assets. A list of the names, addresses, and contact information for individuals named in the will. You may not have all of this information readily available for your first meeting, and that’s okay.

How to hire an estate attorney?

Once you figure out the type of attorney you need, you then need to go about hiring an estate attorney. Here are a few tips to hire an estate attorney: 1 You don’t have to hire the first estate attorney you talk to. Personality matters. As an executor, you will have to work with the estate attorney, so make sure the estate attorney you hire is someone you trust and respect. 2 Ask about the fees. How will the estate attorney be compensated for her work? Will she charge you by the hour or is there a flat fee based on the will and size of the estate? 3 Ask about the process. Will you work with the person you are talking to or a team of people? If it will be a team, make sure you meet those people as well. Paralegals can play a significant role in this process – so meet them if they will be involved.

Why is it important to have an estate attorney?

Because wills and estates vary in complexity, and assets within the estate can add another layer that must be understood and managed properly, it’s always a good idea to have an estate attorney at your side to help manage your executor duties.

James P. Frederick

I agree with Attorney Reed. While I think it is always better to keep the lines of communication open, and to cooperate with all of the interested parties, the lawyer technically represents the PR and not the beneficiaries.

Celia R Reed

You need to hire your own probate lawyer to see what is happening with the estate. The attorney for the personal representative only represents the estate and not any of the heirs. If neither the attorney nor the personal representative will return your calls, your best remedy is to have your own representation...

Jonathan Craig Reed

The probate attorney only has as a client the personal representative. The probate attorney has certain ethical duties towards the other heirs, but these do not include talking to them or giving them advise. There are at least three good reasons why the lawyer for the personal representative will not talk to other heirs:...

Jennifer Lynn Finch

In addition to the good advice my colleagues have provided, I would add that since probate is an open court process you can go to the court and look at everything that has been filed. Many courts have electronic records, some accessible via the internet. Depending on what information you seek, that may answer your question.

Cheryl Rivera Smith

I agree with my colleagues. If you have concerns, it is best to retain your own counsel. This is not unusual.