how can i help an estate planning attorney

by Amina Jacobson 4 min read

In addition to educating you about the probate

Probate

Probate is the legal process whereby a will is "proved" in a court and accepted as a valid public document that is the true last testament of the deceased. The granting of probate is the first step in the legal process of administering the estate of a deceased person, resolving all claims and distributing the deceased person's property under a will.

process, an estate planning attorney can assist you with the following tasks: Creating a will Designating your beneficiaries Establishing durable power of attorney and medical durable power of attorney Finding ways to reduce and avoid estate tax when possible

Full Answer

How can an attorney help you plan your estate?

An estate planning lawyer can prepare a durable power of attorney and healthcare directives. These provide for someone to manage a person’s affairs including medical care should they become mentally incapacitated. These powers of attorney can stipulate the specific authority being given to the appointed person.

When should I hire an estate planning attorney?

In addition to educating you about the probate process, an estate planning attorney can assist you with the following tasks: Creating a will Designating your beneficiaries Establishing durable power of attorney and medical durable power of attorney …

What is an estate planning attorney called?

Apr 15, 2020 · An estate planning attorney can help you with multiple legal issues including: Distribution of assets upon death Wills, joint tenancy accounts, revocable living trusts, and payable upon death accounts Preserving family assets Arranging payment for long-term health care Personal care management and ...

How can I reduce my estate tax bill?

Donating to charity can help to alleviate taxes, as well. With the advice of a reputable estate planning attorney, financial assets can be distributed properly to loved ones in a manner that will alleviate headaches and strife for the surviving relatives.

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What is estate planning attorney?

Estate planning attorneys, also referred to as estate law attorneys or probate attorneys, are experienced and licensed law professionals with a thorough understanding of the state and federal laws that affect how your estate will be inventoried, valued, dispersed, and taxed after your death.

Can an estate planning attorney help with probate?

In fact, a good estate planning attorney may be able to help you avoid probate court altogether, but that largely depends on the type of assets in the deceased's estate and how they are legally allowed to be transferred.

What is an estate lawyer?

An estate lawyer is trained in matters related to passing on your assets after you die, and planning for situations where you can no longer care for yourself. They are experts in wills, trusts, and your local probate process. Some estate lawyers may also have specialties, like planning the succession of a business.

How to leave assets to stepchild?

To leave assets to a stepchild, stepparent, or half-sibling, consider working with an estate lawyer. Most people could benefit from working with an estate planning attorney, but it may not be necessary (and you may not want to pay for it) in many situations. On the other hand, people in certain situations may need the help ...

Can you pass on assets?

Passing on assets can get tricky if they’re crossing state boundaries, since two states may have different tax codes or other legal requirements for how to transfer an asset. You have foreign property or assets . You’re planning to bequeath assets to someone who isn’t a citizen .

Can you pass on your estate if you aren't survived?

This only happens if you aren’t survived by a spouse or child, but a solid estate plan will protect your assets and allow you to pass on as much of your estate as possible. If this is your situation, you may want to look for an estate lawyer who specializes in elder law. You want to set up an irrevocable trust .

Reasons you need an estate planning lawyer

People hire estate planning lawyers for a variety of reasons. Some of these include decreasing the size of their estate tax, avoiding probate, making a living trust, understanding the difference between a trust and a will, establishing a power of attorney, and making sure their heirs will be taken care of.

Do your research

The first step in selecting the right estate planning lawyer is to compile a list of attorneys in your area. You can make this list by doing a google search for estate planning lawyers and you can ask friends and family for referrals for lawyers they have used previously.

Questions to ask an estate planning attorney

After you complete your research, you should have a list of 2-3 lawyers that you really like. The next step is to interview them. This is usually done by calling their office. Don’t be alarmed if a paralegal or assistant takes your information and has a lawyer call you back. This just means the lawyer is working on a case – and that is a good sign.

Finding a good fit

Once you have interviewed 2-3 attorneys, it is time to make a choice. There may be a clear lawyer that meets your needs and that you got a great feeling about. However, it may also be the case that you like all of them and don’t know how to choose.

Free Consultation with Estate Planning Attorney

If you have additional questions on how an estate planning lawyer can help you protest your estate, call us today for a free consultation with our experienced 5-star rated estate planning attorneys in Las Vegas!

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What is post death estate planning?

Post Death Planning: Proper estate planning may require prompt consideration of post-death planning options, such as the ability for an heir to “disclaim” property (have the property pass as though the heir died before the person who died).

What is a will in probate?

Coordinating Probate and Non-Probate Assets: A Will generally governs the disposition of assets held in the decedent’s name alone. Thus, one can draft a Will only to learn that it will have little impact if most of the assets are governed by beneficiary designations or other arrangements.

Why is the preprinted form not admissible in probate in New Jersey?

Under New Jersey probate law, the language on the pre-printed form was not admissible because the Will was not properly signed by Mr. Feree (most states require a Will to be signed in the presence of two witnesses, a few even require three witnesses).

What is non-probate asset?

Assets that are governed by a contract, joint ownership, a beneficiary designation or similar arrangement may be called “Non-Probate Assets” (these can include IRAs, 401ks, joint bank accounts, homes, other real estate and insurance).

Does LegalZoom provide supplemental needs trust?

In fact, one estate planning attorney noted that when he informed a LegalZoom representative that he had a disabled child, the representative advised him that he needed a supplemental needs trust which LegalZoom did not provide and that he would need to contact an attorney to prepare one for him. [13] .

Do it yourself?

The phrase “Do it Yourself” evokes images of a weekend trip to the Home Depot, a bruised thumb, and the feeling of satisfaction that comes from a freshly painted room, a repaired deck or a newly-constructed patio planter. But even the experts at do-it-yourself publications such as This Old House frequently remind us not to delve into projects in the domain of experts such as plumbers, electricians, excavators and the like. The consequences there -- a broken gas main or electrical shocks -- could have disastrous results.

Can a will be revoked if the person dies?

Many states presume a Will was revoked if the person who died possessed the original Will and it cannot be located at death. [12] . Given that presumption, it often makes sense to leave the original Will in the possession of the estate planning lawyer who could document custody and control of it.

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