what is a probate law attorney

How much does an attorney charge for a probate?

May 08, 2020 · 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 are the main duties of 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. 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 …

What is a probate lawyer and what do they do?

A probate lawyer is an attorney who offers legal counsel and assistance to the personal representative or executor of an estate throughout the probate process. Probate is a complicated process that can take months to complete or even years in some cases.

What exactly does a probate lawyer do?

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.

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 happens to assets when a person passes away?

When a person passes away, their assets must be disbursed in a manner consistent with state laws and following the directions they put forth when they were alive, as stated in their will. A probate lawyer guides the executor of will or beneficiaries of an estate through the probate process: From identifying estate assets ...

What is probate lawyer?

What is a probate lawyer or 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.

What is the job of a probate attorney?

Obtaining appraisals for the decedent’s real property. Assisting in the payment of bills and debts. Preparing and filing all documents required by a probate court. Determining if any estate or inheritance taxes are due, and making sure those debts are satisfied. Resolving income tax issues.

What is probate in Lake County Florida?

Usually, in Lake County Florida probate litigation is first considered by an individual when they receive a Notice of Administration. This is a formal document that alerts all interested parties of the death of the decedent, the filing of a will for probate, and that an objection to the probate proceedings must be commenced within a certain period of time or be forever barred.

What is probate litigation?

Probate litigation is the broad concept of challenging: 1.) The contents of the Last Will and Testament; 2.) A provision of the Last Will and Testament; 3.) The appointment of an executor (Florida law refers to an executor or executrix as a “Personal Representative”; or. 4.) The entire document itself.

What is Probate?

Put simply, probate is the court-supervised legal process of transferring title or ownership of assets and property from a deceased person (the decedent) to a living person or charity. Probate is needed when a person dies owning assets (real and personal property) in their individual name.

The Probate Process in Florida

Probate is the process in which the courts transfer the deceased person's assets to their beneficiaries. Generally, the deceased person doesn't own the assets jointly or does not have any beneficiary listed, or the assets are in their name alone, then probate will be required.

Trust Administration

The trust administration process begins when a decedent passes with a valid trust in place. The successor trustee becomes responsible for distributing the assets and paying any debts of the estate in accordance with the wishes of the decedent.

How to Become a Personal Representative

In the case of probate, the decedent’s will typically nominate a personal representative who may petition the court to be named personal representative of the estate. In administration, this is carried out through the terms of the trust.

We offer free no-pressure consults

We at the Malhotra Law Firm offer our most sincere condolences for your loss. Our goal is to make the probate process as easy and stress-free as possible. If you have any asset that you are unable to access (like a bank account, investment account or real estate) because it is in the name of someone who has passed away, we can help.

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I had a small estate in Florida to probate, and most attorneys either didn’t want to talk to me or quoted me $3500 or more. This law firm got it done for $2500 in a few months. I would highly recommend.

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