what can a probate attorney do for you

What Can a Probate and Estates Attorney Do for You?

• Navigate the Probate Court System. ...
• Stay In Control of Your Most Important Assets. ...
• Look to the Future With Confidence, Clarity, and Peace of Mind. ...
• Take Care of Your Loved Ones. ...

Full Answer

What are the main duties of a probate attorney?

Jun 11, 2018 · The main goal of every probate attorney is to determine the legality of a will and approve the appointing of its executor. After the approval, the executor has the legal right to use the will in a court of law. Fiduciary Duties. A probate attorney assists the executor in fulfilling fiduciary duties.

How do I choose the best probate attorney?

Sep 10, 2019 · Here are several of the common tasks a probate attorney will carry out for you, though this list is not exhaustive and may include multiple additional areas depending on the circumstances: Evaluate relevant estate planning documents, such as wills, trusts, and beneficiary designations for life insurance and financial accounts.

What is a probate lawyer and what do they do?

Mar 18, 2011 · Where does a probate attorney fit into the process? A probate attorney, also referred to as an estate attorney, can help prepare an estate plan that helps avoid probate, as the probate process can be costly and complex. They can also assist the executor, the person named as the estate’s administrator, with tasks that are faced in probate, such as: Preparing …

How to find a good probate attorney?

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 …

Why do you need a probate attorney?

A probate attorney can accomplish many things to settle an estate and assist the Executor and beneficiaries, including: Collecting life insurance policy proceeds. Determining and paying inheritance taxes. Figuring out and paying estate and income taxes that may be due.

How long does probate usually take?

Typically, after death, the process will take between 6 months to a year, with 9 months being the average time for probate to complete.Feb 1, 2022

What debts are forgiven at death?

What Types of Debt Can Be Discharged Upon Death?Secured Debt. If the deceased died with a mortgage on her home, whoever winds up with the house is responsible for the debt. ... Unsecured Debt. Any unsecured debt, such as a credit card, has to be paid only if there are enough assets in the estate. ... Student Loans. ... Taxes.

Can a house be sold before probate is granted?

Technically the answer to 'can you sell a house before probate' is yes, yes you can. Although you will need probate to exchange and complete, nothing is stopping you from listing your house on the market and accepting any offers, if you get them, before being given the Grant of Probate.

Probate Attorney Basics and Definition

To define it as simply as possible, a probate attorney is a lawyer licensed by the state who works with executors (aka “personal representatives”) and/or beneficiaries of a given estate after the passing of a loved one.

Tasks Performed by Probate Attorneys

Here are several of the common tasks a probate attorney will carry out for you, though this list is not exhaustive and may include multiple additional areas depending on the circumstances:

Probate Attorney vs. Estate Attorney – Are They the Same?

The terms “probate attorney” and “estate attorney” will often be used interchangeably, and it is generally appropriate to do so.

What is a Probate Attorney

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.

What Does a Probate Attorney Do?

Also known as a probate lawyer, probate attorneys are hired to help settle an estate. After the death of a loved one, their Estate Plan dictates the next steps. If they have a Will, probate will be necessary. Trusts won’t go through probate, which can sometimes make the process a bit less complicated and much more private.

Do I Need a Lawyer for Probate?

Whether or not you need a probate lawyer will depend on multiple factors and scenarios. You’ll want to consider things like:

Questions to Ask a Probate Attorney

If you do end up using a probate attorney, there are a few things you should know before retaining one. Asking questions up front will ensure there are no (costly) surprises along the way. Use the following list to help you find an attorney who will be the right fit for your exact needs.

What is incapacity planning?

Incapacity Planning. Without a plan that covers incapacity, a court may appoint somebody to oversee your personal and financial needs. Planning can allow you to choose who will help you, provide them with guidance and impose limits or grant more than what a court might allow.

What is estate planning?

Estate Planning. Areas covered by an estate plan include your personal health care decisions, protecting your assets from long-term skilled nursing care costs, leaving instructions for the benefit of minor children, managing complex financial assets, and tax planning for future generations.

Is Medicaid changing?

The federal and state laws governing Medicaid eligibility and Medicaid benefits continue to change and are more complex than what most people expect . There are significant planning opportunities that can be easily missed if you do not have the proper knowledge.

What happens after a will is probated?

After a will is probated, the administration, or closing of the deceased’s estate occur s. We can assist with the probate process which includes ensuring the deceased person’s creditors are paid through estate settlement and that any remaining assets go to the deceased’s beneficiaries.

Navigate the Probate Court System

The Michigan probate courts have broad jurisdiction to handle matters relating to deceased estates, trust estates, guardianships, and conservatorships — all matters that can be not only complex, but stressful and emotionally taxing to face.

Stay In Control of Your Most Important Assets

If you become incapacitated, and even when you’re gone, estate planning keeps you in control of the things that matter most to you — and an experienced attorney can provide you with the knowledge and tools you need to assure assure that you have a say over your assets, based on the specifics of your circumstances.

Look to the Future With Confidence, Clarity, and Peace of Mind

Having a comprehensive estate plan in place can help provide any number of personal benefits, including:

Take Care of Your Loved Ones

An estates and probate attorney can help you protect the people who matter most, helping with matters including estate planning, trust administration, and guardianships and conservatorships.

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

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.

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.

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.

Who is Aaron DeBruin?

Aaron De Bruin is an Estate Planning and Criminal Defense attorney serving Greenville, SC and the surrounding upstate. Aaron fights for the rights of every one of his clients works hard to make sure they are treated fairly – no matter how small or large a legal case may be.

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) ...

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 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.