who does a probate attorney represent

What are the main duties of a probate attorney?

Jul 15, 2020 · One of the biggest sources of conflict in probating the estate is understanding who the probate attorney hired by the Personal Representative of a probate estate represents. Many Personal Representatives do not understand the probate process and leave the tasks up …

How much does an attorney charge for a probate?

An attorney in a probate is hired by a particular person, usually the personal representative. Ethically the attorney may not give advice to other people, including heirs who are to inherit under the will, and may not disclose confidential matters.

What is a probate attorney and what do they do?

Jul 27, 2021 · Who Does the Probate Attorney Represent? Knowing the lawyer’s role is one of the first steps you should take at the beginning of the probate process, regardless of whether you are the Executor or an heir of the probate estate. One of the biggest sources of conflict in probating the estate is understanding the role of the lawyer hired by the Executor of a probate estate.

What exactly does a probate lawyer do?

Mar 06, 2012 · Since the attorney hired by the executor does not represent your interests, you may need to retain a Fort Bend County probate lawyer to represent your own interests. If you are an interested party in a probate proceeding and need legal representation, seek the help of dedicated Fort Bend County probate lawyer Paul Romano who has years of experience successfully …

Should the Estate Attorney Talk to Non-Clients?

An attorney in a probate is hired by a particular person, usually the personal representative. Ethically the attorney may not give advice to other people, including heirs who are to inherit under the will, and may not disclose confidential matters.

Discounts On Nevada Uncontested Probate

We offer substantial discounts from statutory attorneys fees in all Nevada uncontested probates and for uncontested California probates over $400,000.

What is an interested party in probate?

An interested party is someone who has some financial interest in the settlement of the decedent’s estate.

What is probate after death?

Probate is the legal procedure by which a deceased individual’s property passes to others after his or her death. Probate is usually necessary whether the person died with a will or without a will (which is known as “intestate”). Upon death, the decedent’s interests are no longer those of a living person.

When does probate occur?

When Does a Probate Proceeding Occur? If the decedent left a will and named someone as executor, that person typically retains an attorney to initiate a probate proceeding on his or her behalf. In such a case, the executor is the attorney’s client.

What happens to an estate when a person dies?

Upon death, the decedent’s interests are no longer those of a living person. In a probate proceeding, assets, liabilities, and any other financial matters become the interest of the “estate” of the deceased. The estate, however, must be represented by a living entity.

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 a probate lawyer?

There is a very small window for you to present your claim and get it paid. A probate litigation attorney with experience in representing creditors in probate proceedings can make sure your claim is handled properly.

What to do if there is a dispute concerning the estate that cannot be resolved?

If there is a dispute concerning the estate that cannot be resolved, the personal representative should consider hiring a Boca Raton probate litigation attorney to represent the estate. The personal representative is expected to be somewhat neutral and act in the best interests of all beneficiaries and other interested parties. As a result, they are arguably required to hire legal counsel to defend against any adversarial claims brought by the heirs or other parties.

Can you litigate an estate in Boca Raton?

When it comes to estate administration, no one wants to litigate. Unfortunately, it is sometimes unavoidable and may be your only option for resolving disputes. A Boca Raton probate litigation attorney can make sure your interests are protected. To discuss your case with one of our attorneys, call the Ellis Law Group at 561-910-7500 to schedule an appointment today.

What are fiduciary duties?

Also, before answering the question, it is helpful to have an idea of some common activities created by fiduciary duties in the context of probating an estate: 1 Duty to communicate: a duty to notify the beneficiaries the estate exists, identify the Executor, provide a copy of the inventory, provide copies of court filings, generally explain documents that require a beneficiary’s signature, etc. This duty to communicate is not the same thing as an attorney-client relationship, which means there is no attorney-client privilege and the attorney cannot give legal advice. 2 Duty to account: provide regular estate accountings, which includes explaining funds paid out of estate accounts for expenses. 3 Duty to treat all beneficiaries equal: distribute estate funds at the same time, if a question arises as to how something in the Will is to be interpreted the attorney cannot interpret it, the court must interpret it.

What is the duty to communicate?

Duty to communicate: a duty to notify the beneficiaries the estate exists, identify the Executor, provide a copy of the inventory, provide copies of court filings, generally explain documents that require a beneficiary’s signature, etc.

Do lawyers have fiduciary duties?

Only a few states require the lawyer to meet the same fiduciary duty to the estate heirs as the Executor. These states believe that since the Executor owes a fiduciary duty to the heirs and the lawyer owes a fiduciary duty to the Executor, the duty flows from the Executor to the lawyer.