What is a Probate lawyer?
There’s an old saying, ‘you can’t take it with you when you die.’ Therefore, someone has to be there to manage it. Generally, it is a family member. More often, a probate lawyer is appointed in this procedure. A probate lawyer aids the family members through a smooth and difficulty-free probate procedure. A probate lawyer performs specific tasks that include identifying a life insurance policy, managing the estate’s checkbook, determining the validity of particular debts, Preparing documents required in the probate court, etc.
What is Probate
Probate is a judicial procedure of proving the will of a deceased person. One accepts the will as a valid document considered the true last testament of the person who passed away. The first step is granting the probate in administering the estate of the person who has died, resolving each claim, and distributing the deceased’s property. A probate court decides the genuineness of the will of the dead. Then, the probate also appoints an executor for the will. The executor is accountable for giving notice to the creditors and distributing the assets to the beneficiaries. There are some cases where someone can contest the will as well. This situation occurs when there is no proper drafting of the will.
Will issues that probate lawyers can help you with
1. Will drafting
You’ll get several options for drafting in the market. However, you’ll get yourself into trouble if you prepare the will in the wrong manner. One contest the poorly drafted will. Not only this, but it can raise issues and conflicts among your family members. Therefore, a probate lawyer is the best consideration and choice if you want all your wishes fulfilled.
2. Securing the estate
A probate lawyer plays a vital role in protecting the interests and desires of the deceased. In addition, a probate lawyer can mitigate the anxiety that arises while an individual goes through the probate process while they are still alive.
3. Hastening the probate procedure
The procedure of probate can be complex and involves complexities. A probate lawyer can assist in a smooth process with the help of their knowledge and experience. This would also help you in speeding up the probate process.
4. Supporting the executors as well as heirs
Multiple questions regarding the responsibilities that arrive if you’re an executor. Similarly, several thoughts arise in your mind regarding the probate process if you’re the heir. It would be best if you opted for a probate lawyer to eliminate all these questions and ideas. A probate lawyer can assist the executor and the heirs in every aspect of the probate process.
5. Eliminating family issues
After one of the family members dies, the remaining family is left with emotional attachment and tension because of the probate process. This may lead to problems and conflicts because of the distinctive expectations of the family members. Thus, a probate lawyer can help mitigate these family issues because of their emotional detachment and calmness.
Cost of probate lawyers
Probate lawyers utilize three methods to charge their clients. Out of these three methods, one way is used. Given below are the methods :
1. Rate of services per hour
2. Percentage of the value of the estate
3. Flat fees
The actual value of fees depends upon the experience of the probate lawyer, the standard rate within the area where the practice of probate law takes place, and the legal matters that require attention. Therefore, you should always go for a probate lawyer who charges reasonably.
Probate is a judicial procedure through which a will is proved within a court of law. Therefore, a probate lawyer aids the family members through a smooth and difficulty-free probate procedure.
A probate lawyer performs specific tasks, including identifying life insurance policies, managing the estate’s checkbook, etc. Moreover, will issues that probate lawyers can help you with include drafting the will, Supporting the executors and heirs, Eliminating family issues, Hastening the probate procedure, etc.
The actual value of fees depends upon the experience of the probate lawyer, the standard rate within the area where the practice of probate law takes place, and the legal matters that require attention.