Probate Attorneys are state-licensed lawyers who help executors of estates and heirs get through probate as they work to settle an estate. Their services typically include everything from identifying and locating assets to paying off debts and more. For professional help, contact Probate Attorneys Los Angeles.
Heirs will also often make claims against the estate for various reasons, including feeling like they weren’t named in the will and wanting to be paid more than others. The probate attorney will be able to handle these claims fairly and efficiently.
Probate is a legal process that ensures a deceased individual’s estate is settled properly. It involves everything from authenticating the will in court to settling outstanding debts and distributing assets. It also requires a lot of work, especially for an executor or personal representative who is busy dealing with the aftermath of a loved one’s death.
That’s where a probate attorney comes in. While the exact tasks a probate lawyer takes care of will vary, they can include things like closing bank accounts and transferring funds, securing appraisals for jewelry and real estate, and selling or donating any other items in the estate. They may also help the personal representative or beneficiaries file final income and estate taxes. They can also provide guidance on how to deal with any challenges that may arise, such as a lawsuit filed by a disgruntled family member seeking access to the estate.
While it is possible to avoid probate by creating a living trust, in most cases, there will still be some property that needs to go through probate. This typically includes any assets that are solely owned by the deceased person, including individual bank accounts, homes, cars, and jewelry. The exceptions are those assets that are owned in a form of joint ownership that allows for survivor-ship or tenancy by the entirety, which only apply to married couples.
One of the most common questions probate attorneys get asked is whether a probate lawsuit is worth it. While these types of lawsuits are rare, a lawyer can help the executor or personal representative handle any issues that come up during the probate process. For example, if a family member claims that the will is invalid, the probate lawyer can examine its language and verify that it meets state laws for signatures and witnesses. In addition, they can assist the personal representative in proving that there was no undue influence during the writing of the will. This is a crucial step, as a will contest can be costly for the estate and the beneficiaries. For this reason, probate lawyers can be very useful in protecting the interests of both the estate and its beneficiaries.
They Help You Settle Debts
The deceased’s estate must address outstanding debts and financial obligations before the remaining assets can be distributed to heirs or beneficiaries. This process is often a complex aspect of the probate procedure, and a skilled probate attorney can help ensure that it is managed appropriately.
The first step is to determine the nature and extent of the estate’s liabilities. An experienced New York probate lawyer can work with creditors and heirs to settle any outstanding debts quickly and efficiently. This can prevent disputes and reduce the amount of time and money required for the administration of the estate.
Another essential service that a probate attorney can provide is to help with legal matters that might arise during the process. For example, if there is a dispute over the validity of the will, issues with inherited property, or other legal matters, a probate attorney can provide litigation services to resolve them. This can save time and money by ensuring that deadlines are met and potential issues are addressed promptly.
Finally, a good probate attorney will also be able to help you with the more mundane aspects of the process such as filing paperwork and notifying other family members. This can save you time and effort by ensuring that all necessary documents are filed on time and that all interested parties receive the appropriate notification.
While many people believe that they can manage the probate process without an attorney, this is often a mistake. The law can be complex and there are numerous potential pitfalls that can arise, especially if there is a dispute over the will or the distribution of assets. An experienced attorney can help ensure that all deadlines are met and any disputes are resolved quickly and effectively, saving time and money.
While the loss of a loved one is always a stressful time, it can be made even more so by the various responsibilities that come with being named executor of their estate or the administrator of their trust. If you are struggling to handle the tasks associated with this responsibility or have questions about how the estate should be handled, a New York City probate attorney at Mishiyeva Law, PLLC can help.
They Help You Communicate With Heirs
When a loved one passes away, the family can become emotionally distraught and have many questions. Fortunately, a probate attorney can help answer these questions and resolve complex issues that arise in the process of estate settlement.
Probate attorneys often help with various tasks, including collecting and valuing assets, filing final income and estate taxes, paying bills, settling debts, and making distributions to heirs. However, heirs can often save money by taking on some of these tasks themselves. This is especially true if they are willing to do the work on an hourly basis.
In addition to helping the executor of an estate with a variety of tasks, probate attorneys also communicate with heirs and creditors throughout the process. This helps to keep everyone informed of what is happening and how long the case may take to settle.
Keeping beneficiaries informed of important developments in the estate can help avoid costly backtracking and delays. For example, if an estate is discovered to have more assets than previously believed, the attorney can immediately notify heirs of this change. Similarly, if a beneficiary has a dispute with the estate’s executor, the lawyer can quickly inform them of the situation and provide appropriate guidance.
While it is normal for an estate to take some time to close, complicated matters, a contentious family dynamic, or other issues can make the process drag on significantly. In these cases, a probate lawyer can be an invaluable resource in managing familial conflicts, ensuring that all legal obligations are fulfilled, and helping to speed up the process.
If a beneficiary feels that the executor of an estate is not communicating with them adequately, this can be considered a breach of fiduciary duties and should be reported to a probate attorney immediately. The lawyer can then file appropriate pleadings on behalf of the beneficiary to get the necessary information from the estate’s attorney in a timely manner.
As you can see, the role of a probate attorney is complex and extensive. By working with a knowledgeable New York probate attorney, you can rest assured that your loved one’s estate will be handled properly and efficiently.
They Help You File Paperwork
If you’re the executor of an estate, a probate attorney will help you file various legal documents during the process. They can also help you navigate the complex state laws that govern probate. Lastly, they can help you with any disputes that may arise in the course of settling an estate.
When selecting a probate lawyer, it’s important to find one that you feel comfortable with personally and professionally. A good place to start is with your local bar association, which offers a number of attorney referral services. You should also take the time to research attorneys and evaluate their backgrounds and experience before retaining them. Finally, you should ask prospective probate lawyers about their fees and billing practices. You want to ensure that there are no surprises down the line.
Probate attorneys typically charge a flat fee or an hourly rate, depending on the complexity of the estate and its assets. Flat fees are usually more cost-effective for clients because they provide a clear indication of what the attorney will charge upfront. However, some clients prefer the flexibility of hourly rates, which allow them to track attorney expenses in 15-minute increments.
In addition to the usual probate paperwork, there are a variety of other essential documents that must be filed with the court. These include an inventory of the estate’s assets, appraisals of property, and a list of debts. A probate attorney can ensure that all of the necessary paperwork is properly filed and submitted on time to avoid delays.
While it’s possible to go through probate without an attorney, a probate attorney can help you navigate the process more efficiently and accurately. With their expertise and guidance, they can help you avoid costly mistakes and ensure that all required documentation is filed in a timely manner.
Probate is a lengthy and complex process, but with the help of an experienced probate attorney, it can be completed as smoothly and quickly as possible. By assembling crucial documents and organizing them systematically, you can reduce the amount of time that your attorney spends on document retrieval, which can significantly reduce your legal costs. Additionally, you can explore simplified probate procedures like small estate affidavits or summary probate if eligible, which can further reduce your legal fees.