Probate & Estate Planning
Probate lawyers, also referred to as estate or trust lawyers, help executors of the estate, or, administrators if there is no will, manage the probate process.
Estate Planning Lawyers
Our team of Estate Planning Lawyers are here to help you with your estate planning needs. We can prepare your will, living trusts and other relevant documents.
Our team of probate lawyers are here to assist you with the estate administration process after a person dies. We are here to help you navigate the probate process after a loved one dies and to provide you with advice on powers of attorneys, or serve as an executor or administrator.
If a Will Exists
Our team of attorneys is here to help you when a loved one dies and has an existing will. Most wills go through probate with no problem. However, there are many reasons a will may be challenged. A probate attorney may also assist you in reviewing the will to ensure that it was not signed or written under duress/in the best interest of the individual who owns the will. An example of a will written under duress would be an individual who has dementia who is more vulnerable to writing a will to the benefit of a person who wants a cut of the estate.
If No Will Exists
When one dies without a signed will, they are said to have died “intestate.” When this happens, the individual’s estate is distributed according to the intestacy laws of the state in which the property is located. Intestate laws vary state to state; however, in most states, the surviving spouse receives all of the intestate property.
In this type of situation, a probate lawyer can help the administrator of the estate to distribute assets according to state intestacy laws.
If there is no will, the relative who wishes to become the estate’s administrator must first obtain renunciations from the decedent’s surviving relatives. Renunciations is a legal statement renouncing an individual’s right to administer the estate. A probate attorney can assist in securing the renunciation statements and file them with the probate court. Once filed, the probate attorney can continue to help with the probate process. They can do so by helping to determine estate taxes, secure assets, manage the estate checkbook, etc.
The Role of an Estate Planning Lawyer
An Estate Planning Lawyer assist clients with developing an estate plan to determine the specific distribution of their estate once they die.
- Help navigate state and federal tax laws
- Drafting wills, trusts, and other estate planning documents
- Collaborate with financial advisors and insurance professionals
- Advise on life insurance policies, retirement plans, and charitable donations
- Stay up-to-date on the ever changing tax laws that could ultimately affect estate value
The Role of a Probate Lawyer
A Probate Lawyer is tasked to advise an estate executor/administrator. Some of these responsibilities include, but are not limited to:
- Locating all of the decedent’s assets
- Securing all of the decedent’s assets
- Appraising the decedent’s property
- Collecting life insurance proceeds
- Determining the estates taxes due
- Advising how to pay the decedent’s debts and bills
- Managing the estate’s checkbook
Seek Legal Advice Now
If you need assistance with estate planning or you recently lost a loved one and need assistance navigating the probate process, contact us now for a free consultation at 866-854-5529. The team of attorneys at Trial Lawyers for Justice can help bring peace of mind by helping you plan ahead or navigate the probate process after losing a loved one.