why would you need a probate attorney

• Navigating an unfamiliar legal system is challenging. Most people are unfamiliar with the legal system in general. ...
• You may need to understand complex laws. ...
• A probate lawyer will save you time. ...
• Avoiding challenges. ...
• Mistakes can cost the estate valuable assets. ...

Full Answer

What are the main duties of a probate attorney?

Why You Need a Probate Attorney It may be tempting to think you can handle your estate without consulting with an experienced Florida probate lawyer. A respected probate attorney can help the testator prepare the right legal documents to save on taxes, minimize attacks against your will, and maximize the amount you have available for your family and loved ones.

How do I choose the best probate attorney?

Apr 05, 2022 · Not only will an experienced probate attorney have the ability to get you faster access to the estate but also be with you throughout the process. Your attorney can also help you prevent: Needless family conflict Claims against the estate Overpaying Lawsuits Third-party delays Mishandling debt repayment

What is a probate lawyer and what do they do?

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 …

How to find a good probate attorney?

Mar 30, 2020 · Here are the top three reasons why you may need a lawyer immediately during the probate process. Reason #1: Contracts. ... There are many reasons why you need a lawyer for probate in California. Unfortunately, issues arise that can jeopardize an estate and inheritance. When reviewing an estate plan, it is important to contact an experienced ...

What is Probate?

Probate is the judicial process of administering the estate of a person who has passed away. This process results in a deceased person’s assets to be properly identified, valued, and redistributed to his beneficiaries.

The Role of a Probate Attorney

A probate lawyer is a state-licensed attorney who helps the beneficiaries with the distribution of an estate and settling the affairs of the decedent. He may also help with the estate planning such as drafting of wills or giving advice on powers of attorney.

Do you Need a Probate Lawyer?

Not every probate requires hiring an attorney. You can avoid hiring a probate lawyer in the following circumstances:

5 Reasons for Hiring a Probate Lawyer

The following are our top five reasons why you need to hire a probate lawyer.

Reach Out to Us

Lacey Lyons is a leading law firm in Brevard County, committed to providing exceptional probate services. We ensure that the whole process is carried out in a timely and efficient manner. Contact us today to schedule a consultation.

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.

You Need an Experienced Probate Professional

Probate is a tedious court process that requires submitting documents, filing notices, and informing various government agencies of scheduled hearings. There may also be moments where a probate judge or a court representative will ask to review documents, which will leave you scurrying to and from the courts without much notice or time.

Difficulties within the Probate court

Some estates can present a straightforward probate process where clear instructions, copies of the forms, and anything else you might need, come in a neat bow. However, for other estates where complications both big and small arise, having an experienced probate attorney on the job will be indispensable.

How Elder Law Services of California Can Help

A probate attorney will also help you take possession of the deceased person’s property and provide expert advice regarding estate management. Assets such as bank accounts, securities accounts, deeds to real estate properties, jewelry and other assets will need to be inventoried and appraisement during the probate process.

How to Work with a Probate Attorney

Hiring a probate attorney will only provide you with the peace of mind that your family’s affairs are being handled in the proper and most efficient manner possible. If you are searching for a probate attorney, give us a call at Elder Law Services of California to talk with one of our expert lawyers.

What Does a New York Probate Attorney Do?

Simply, a probate attorney ensures appropriate handling of estate beneficiaries, creditors, and taxes. In all cases, property must be handled per New York Probate Law. It doesn’t matter whether a person died with or without a Will. Usually, this means going to court.

Can I Handle Probate Myself?

Most lawyers will not tell you this because they want your business. But, you do not actually need a probate attorney for small and simple estates.

What does a probate attorney do?

A probate attorney mainly gives legal advice regarding the estate administration. The attorney's role will differ based on whether the deceased had a will or if they died intestate (without a will). Some of the things an attorney can help you with include: Transferring real estate and other assets to beneficiaries.

How long does probate take?

If there are issues with the will. If there are taxes and debts that need to be paid. Depending on how complicated the case is, the probate process may take anywhere from a few years to decades.

Is probate easy?

Navigating through probate is not an easy task. It requires you to know your state's specific probate rules and procedures. If you are an executor or are somehow involved in a probate process, speak to an experienced attorney near you to get proper legal advice. You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help.

What happens if you die without a will?

However, if the person died without a will ( intestate ), the state's intestate succession laws will be applied. If there is a will, the person who passed away will usually have named a specific person as an executor. This person is in charge of managing the decedent's affairs.

Does an estate have to go through probate?

Whether or not an estate has to go through probate depends on the laws of the state. Some states, for instance, have simplified procedures to transfer property if the estate doesn't have enough money or if the estate's worth is under a certain amount.

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.

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 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

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.

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) ...

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.