what does an attorney do in probate administrator

What are the main duties of a probate attorney?

A probate lawyer is a state licensed attorney who works with the executors and the beneficiaries of an estate to settle the affairs of the decedent. In some instances, probate can be avoided if all the decedent’s assets have been placed in a trust. A trust can ensure a smooth transfer of property outside of court and legal proceedings.

How much do lawyers charge for probate?

Finding out how much (if any) estate taxes are owed. 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 …

What is a probate lawyer and what do they do?

May 21, 2017 · A probate administration attorney can help you through this information gathering and investigation process. Managing Assets Effectively Until the estate has made its way completely through the probate process, the executor or administrator is in charge of maintaining the assets in the estate.

How to find a good probate attorney?

Sep 09, 2020 · A probate attorney will help you notify creditors by ensuring that you make an informative ad and place the ad into the proper newspapers to avoid a creditor bringing litigation against you or the estate. A probate lawyer can help you while you are …

What is probate administration in Florida?

Probate administration deals with the process of distributing a person’s assets once they have passed, in addition to other factors. It includes paying the deceased person’s debts, and the general winding up of their affairs. In Florida, there are different types of probate administration. A probate attorney can help you during the probate administration process. At Bret Jones, P.A. we are very familiar with all aspects of probate law, probate administration being one of them. It would be our pleasure to help you with this other area of probate law.

What is probate estate planning?

Estate planning is a common practice area of probate law. As you can imagine, estate planning involves the detailed planning of what happens to your estate upon your passing. Your estate includes financial assets, real property, personal property, and more. When you take the time to speak with a probate attorney about estate planning, many areas can be addressed. Taxes, funeral arrangements, and transfer of property are just some of the areas that will be discussed with a probate attorney. At Bret Jones, P.A., we are determined to help answer all of your questions, and guide you so that all of your estate planning desires are met. We ensure that all of our client’s wishes are met to the best of our ability.

What is a surrogate designation?

The purpose of a health care surrogate is to designate someone who will make health care decisions for you in case of your incapacity. This does not necessarily have to be permanent incapacitation, but can be for times when you are only temporarily incapacitated as well. Although the health care surrogate designation may sound similar to the preneed guardian designation, there is a difference. Speak with us at Bret Jones, P.A. for further detailed explanations.

What is a power of attorney?

A Power of Attorney is also a practice area of probate law that we address at Bret Jones, P.A. A power of attorney is a document that gives a specific person authorization to act on the behalf of another. Now, what that person, also known as the “agent”, is authorized to act on depends on the specific details of the document. One could create a power of attorney in order to have the agent deal with finances, health care decisions, and much more. What does a probate attorney do, especially when it comes to a power of attorney? When it comes to power of attorney, we do cover a lot of ground depending on the specific needs of our clients. Contact us at Bret Jones, P.A. for further information on powers of attorney, also known as a “POA”.

What is a preneed guardian?

A Preneed Guardian Desgination is a declaration that specifies another person who can take care of your affairs in case of your incapacitation. According to Fla. Stat. 744.3045 (1),“A competent adult may name a preneed guardian by making a written declaration that names such guardian to serve in the event of the declarant’s incapacity.” This means that if anything happens to you that makes you incapacitated, whatever the reason may be, this person will take care of all of you affairs. Perhaps something that may be overlooked, a Preneed Guardian Designation is important. Unfortunately, accidents and unforeseen circumstances do happen. This is one way to make sure that you and your loved ones have one less decision to make or consider if such a circumstance does occur.

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.

Why don't I want to hire a probate lawyer?

Don't focus on the price too much. You don't want to hire the cheapest probate lawyer you can find simply because they're the cheapest. Remember, you get what you pay for. Investing more money into a lawyer that has the right experience is well worth the cost.

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 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 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.

Can I get through probate on my own?

The specific process of probate varies depending on the sate. Some states have a simple probate process, so you may be able to get through it on your own . However, in most cases, it's better to hire a probate lawyer. Since they know the probate laws inside and out, a lawyer will be able to guide you through the steps quickly and efficiently.

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 is the role of a probate administrator?

When you create a will, you name an executor to take care of your estate after your pass. This person will be responsible for not only carrying out your wishes as you have laid them out in your will, but he or she is also responsible for settling your debts as well.

What is the responsibility of an executor of an estate?

The executor or administrator has the duty to make prudent investments, which means that he or she should not take any action that may squander the property in the estate.

Why do you need to take inventory of assets?

Taking an inventory of all of the assets will allow the executor or administrator to distribute property efficiently. In many situations, you will need to have certain items appraised so that you have an idea of their value.

What happens if you name someone in a will?

When someone names you in their will as their executor you automatically assume the role as set out in the will. However, if there is no will or an executor is not named, then the Court will appoint an administrator or personal representative to carry out the tasks of an executor. As such, the duties of both an executor and an administrator are ...

How long does it take to file an appraisal for a personal representative?

As a personal representative, you will need to file an inventory and appraisal, often within just a few months of the decedent’s passing. A probate administration attorney can help you through this information gathering and investigation process.

Who is in charge of managing assets in an estate?

Managing Assets Effectively. Until the estate has made its way completely through the probate process, the executor or administrator is in charge of maintaining the assets in the estate. That could mean keeping up with storage costs, paying the mortgage, or even making investment decisions.

Can estate assets be commingled with personal assets?

It is also important that estate assets not be commingled with personal assets as well. Having an experienced attorney help you through the administration process can ensure that you are performing all of your duties as required. A lawyer can also help you prepare the documents you need and report to the court as well.

How does a probate lawyer help you?

A probate attorney will help you notify creditors by ensuring that you make an informative ad and place the ad into the proper newspapers to avoid a creditor bringing litigation against you or the estate. A probate lawyer can help you while you are dealing with creditors to an estate.

What is the job of a probate court?

Obtaining appraisals for the decedent’s real property. Preparing and filing all documents required by a probate court. Determining if any estate or inheritance taxes are due, and making sure the estate pays these debts. Transferring assets in the decedent’s name to the appropriate beneficiaries.

What happens if you die without a will?

If you die under the intestate definition, the administrator of the estate will have to distribute all the assets within an estate according to a state’s intestacy laws.

What happens to an estate when a spouse dies?

For example, if the person who dies has a spouse, the spouse will likely receive all the estates assets. However, each state has different intestacy laws so the distribution of assets to family members could vary widely. In cases of intestacy, a probate lawyer will typically assist the administrator of the estate with distributing ...

How to deal with creditors in probate?

A probate lawyer can be especially helpful when dealing with creditors or other beneficiaries. Initially, the court appoints a personal representative to an estate. Once this occurs, a Notice of Appointment, Notice to Creditors, and Notice to Unknown heirs must be published by the personal representative in local newspapers where the principal of the estate lived. After this, creditors to the principal will have six months after the first publication to file claims against the estate. Once this period passes, creditors cannot bring forth claims. A probate attorney will help you notify creditors by ensuring that you make an informative ad and place the ad into the proper newspapers to avoid a creditor bringing litigation against you or the estate.

What is probate in DC?

Probate is the court proceeding where a will is verified, and an estate is administered according to the terms of the will. Probate is also used where no will exists, in which case an estate will be administered under the terms of DC law. The process includes the collection of assets, the liquidation of liabilities, the payment of taxes, ...

What happens to assets when someone passes away?

When someone passes away, their assets—whether they consist of real estate, financial accounts, or personal property—must pass through probate if they are not placed into a trust. There are many complex and moving parts that one must navigate if they are to successfully complete the probate process. Thus, hiring a knowledgeable and experienced ...

What does probate mean in a will?

The administrator must “probate” the will. Probate is a process by which a will is admitted. This means that the will is given legal effect by the court. The court’s decision that the will was validly executed under state law gives the administrator the power to perform his or her duties under the provisions of the will.

How long does it take to get an estate administration?

The procedures in an estate administration may take from six months to several years, and a client’s patience may be sorely tried during this time. However, it has been our experience that clients who are forewarned have a much higher tolerance level for the slowly turning wheels of justice.

What are the duties of an executor?

What Legal Duties Does An Administrator Or An Executor Have? It is an administrator’s job to gather all of the assets of the estate, pay the debts of the estate, and distribute the assets to the beneficiaries in accordance with the will or the laws of intestate succession.

What happens if a parent dies and there is no will?

If an individual’s parent dies and they believe there is no will, then they can file a probate, allege in the petition that there was no will, and seek to have themselves or their nominee appointed as the administrator of the estate. If someone else has a copy of the will and they come forward with it, then the court will simply substitute ...

What happens if an estate has more than one debt?

If there are more debts than assets, then all creditors will receive a prorated payment for the debt, and there will be no distributions to any beneficiaries.

How long does it take to get an inheritance in Los Angeles?

If the inheritance process is done through a probate or court-supervised process in Los Angeles County, then it will take on average 18 months. In theory, it should only take about 10 months, but due to the fact that the courts are busy and that it can be difficult to get hearing dates, it usually takes longer.

Can a person be named as the administrator of a will?

If someone is the main beneficiary of a will that doesn’t name any executors, then they can petition the court to be named as the administrator of the estate . As a beneficiary under the will, a person is entitled to be appointed as the administrator or to nominate someone else to serve as the administrator for them.

Can a relative inherit assets if they die without a will?

If someone’s relative has died without leaving a will, a relative may or may not inherit assets; it will depend upon how closely that relative is related to the decedent. Intestate succession and distributions without a will generally go to the closest family members, such as spouses and children.

Can a business be sold during probate?

If assets aside from the business are sufficient to cover all existing debts, then the business will be distributed to the beneficiaries, who could choose to retain or sell it. The administrator could also sell the business during probate, just as they could sell the family home.

What is the phone number for probate?

If you need help with this form contact the probate helpline on 0300 303 0648. The line is open Monday to Friday 8am to 6pm and Saturday 8am to 2pm.

What is a power of attorney?

You’ll get legal documents called ‘power of attorney’ that states this person has the legal authority to manage the estate. You can appoint anyone to be your attorney, and any administrator entitled to the estate can have their own attorney.

Who is appointed to administer an estate?

The person they appoint is called an Executor and their authority to administer the Estate is set out in the terms of the Will. However, where a loved one dies intestate (without a valid Will) the Rules of Intestacy will determine who can deal with the administration of the Estate. The person appointed under these circumstances is called an ...

What happens if an administrator fails to administer the estate?

If an administrator fails to administer the Estate in this way, they could be sued for maladministration. This term means that they have not administered the Estate correctly, or that they have inefficiently or dishonestly administered the Estate.

What happens if someone dies without a will?

If someone dies without a valid Will in place then inheritance law will determine who has the authority to wind up their affairs and administer their Estate. The person who undertakes this role is called the Administrator. When a loved one dies, it is often necessary for someone to dispose of their assets and settle any liabilities, ...

What is the process of disposing of a loved one's assets?

When a loved one dies, it is often necessary for someone to dispose of their assets and settle any liabilities, and a legal document may be needed to carry out this work. This process is referred to as Probate and the umbrella term for the individual who carries out this work is the 'Personal Representative.'.

How old do you have to be to be an administrator?

An Administrator must be someone over the age of eighteen, must not have been bankrupt or have any other special circumstances that would prevent them from acting in this way. Otherwise they will be passed over to find the next person who is entitled to act as an Administrator according to the Rules of Intestacy.

Is being an administrator the same as having the authority to dispose of the deceased?

Being entitled to act as an Administrator is not the same as having the authority to dispose of the deceased loved ones assets. An Administrator's authority to dispose of assets derives from a Court order called Letters of Administration.

Can you act as an administrator but feel you cannot take on the task alone?

If you are entitled to act as an Administrator but feel that you cannot take on the task alone, it is possible to instruct a Probate Specialist to help you.

What does a good realtor do for probate?

A good realtor that understands your probate needs can also help you maintain the property by using people in his/her network. You must take exclusive control of an estate’s cash. Do not permit another person to have access to an ATM, debit or credit card, bank account.

What is probate court?

To put it simply, probate is the process the probate court uses to make sure the deceased person’s creditors are paid through estate settlement and that anything left goes to the deceased’s beneficiaries. Unfortunately, the probate and estate settlement process can be anything but simple, depending on the size and nature ...

What to do if you are not comfortable with accounting?

If you are not comfortable with or not used to accounting and balance sheets, it makes sense to enroll a professional such as a book keeper or CPA to help you . At the time of settling the estate all numbers must align and make sense. If not, you might get objections from the heirs or maybe even a judge.

What to do if a deceased person has debts?

If the deceased’s estate has debts or the deceased owned real estate some form of probate estate administration will be needed. Preparing an accurate inventory of assets , which should only reflect assets that have actually been collected and placed under the control of the administrator or executor, is important. One must account for everything and understand where and how things will pass to the deceased’s heirs either under the Will or by intestate succession. For example, does the estate include jewelry, collections or family heirlooms to be passed on? Are there oil, gas or mineral rights or royalties that need to be disposed of?

What is the biggest component of an estate?

Real Estate is the biggest component of the estate’s assets. Depending upon your desired outcome and goals you should know that you have options in real estate. The basic and straight forward approach is to list with a local realtor.

Can you market your real estate too late?

MARKETING REAL ESTATE TOO LATE. Do not make the mistake of waiting too long to market any real estate, if you’d like to settle the estate as quickly as possible. Once you have been approved as administrator or executor of the estate, you can begin soliciting offers on the real estate.

Is probate and estate settlement simple?

Unfortunately, the probate and estate settlement process can be anything but simple, depending on the size and nature of the assets to be administered, the number of parties involved in the probate and estate settlement process, how well those parties get along, and many other factors. Complex probates and estate settlements are made all ...

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