When someone passes away, and probate assets exist, then someone, must file a petition in probate court with the county clerk. This starts the probate process. There are statutory elements for the petition or it will be rejected, such as listing the appropriate parties and knowing who you can leave off.
A probate lawyer (estate attorney, probate attorney are all the same thing)… can help you to know if, when, and how you draft probate and estate documents, as well as overall how to plan ahead and navigate the legal system after someone dies, particularly estate administration. They help you figure out who gets what and makes sure everything goes smoothly.
Probate law is an area of law that deals with the legal issues surrounding the property law of estates. It involves the transfer of assets after death. This may include transferring property ownership, settling debts, distributing assets, and paying taxes (both estate and income taxes).
If you’ve lost a loved one, you may not realize that you need a probate attorney. You may want to reduce probate costs. However, scheduling a consultation is always worth the investment to find out what you do not know. Although there are many more, this articles gives ten (10) reasons to hire me as your probate lawyer.
1. To help protect your assets after death
When someone passes away, they leave behind many things including their home, bank accounts, cars, retirement funds, and even their personal belongings. These items may have been passed down through generations or purchased with money earned over time. If these items were not properly protected before the person died, then they could end up being lost forever if the owner does not pass them down to a beneficiary. A probate lawyer helps ensure that these items go to the right people after the owner dies.
Even after someone dies, a probate lawyer helps the administration occur in the most honorable way of the decedent’s legacy.
2. To make sure your estate plan is legal
A probate lawyer ensures that legal documents of your estate plan are legally sound. Estate planning involves making decisions about who gets what after you die. An attorney can advise you on how to avoid costly mistakes and ensure that your wishes are carried out. Probate administration occurs after someone dies, but we also analyze the estate plan to make sure it was properly done and other legal procedures when done incorrectly.
3. To help you get financial aid
If you need to file for bankruptcy, you might qualify for government assistance. Your attorney can help you apply for any necessary programs. He or she can also help you determine whether filing for bankruptcy is the best option for you.
4. To help you keep your affairs organized
Probate lawyers know how to organize paperwork related to your estate. They can help you create a list of everything you own and where each item is located. They can also help you decide what documents should be kept and what ones can be thrown out. They can also help you understand the legal process, the character of estate property and how to reduce probate costs, as there are creative ways on the front end to avoid probate. For example, a Life Insurance Policy is non-probate property.
5. To help you resolve disputes
Disputes often arise between family members after a loved one passes away. A probate lawyer can help you sort out issues like inheritance rights, wills, and trusts.
If you have children or grandchildren, they might not know about your will until it comes time to distribute your estate. Even if you leave them something in your will, they could still end up losing out if you die intestate (without a will). That means they would have to fight over your possessions in court. A probate lawyer can help prevent this from happening.
6. Get Expert Advice and Avoid Liabilities
A probate lawyer has access to expert advice. He or she knows the ins and outs of probate law and can provide valuable information to you.
For example, he or she can advise you on whether or not you should hire a public administrator to handle your affairs. Public administrators are paid professionals who manage the distribution of an individual’s assets. They charge a fee for their services, but they can speed up the process significantly.
Lawyers also help you understand when there are tax implications.
When you pass away, the IRS considers any money you own at death to be income. So, if you leave behind a lot of cash or investments, those items become taxable income. A probate lawyer knows how to structure your estate so that your heirs do not owe tax on anything, and when the income tax of estates are triggered.
Your attorney can help you understand tax laws and how they affect your finances. He or she can explain how certain deductions and exemptions work and how they can save you money. Furthermore, an experienced lawyer will be able to advise you on the best ways to minimize your tax liability.
Taxes are complicated. If you don’t know what you’re doing, it could cost you a lot of money. You need someone who knows the law and is willing to take the time to explain things in plain English so that you can make sense of them.
7. To help you deal with creditors
People get concerned whether they are personally liable for the decedent’s debts. Lawyers help you understand this better.
After a person dies, his or her outstanding debts become due to the estate, and there are consequences to those inheriting property. Creditors want payment for bills like credit cards, medical expenses, and loans. A probate lawyer knows how to handle these situations. Moreover, the law requires that you pay all of your decedent’s debts before you can claim any assets as exempt from taxes.
There are creative ways around creditors.
If the is responsible for paying off debt, it is important to know what steps to take and ways of reducing debt obligations, which are especially crucial to know when timing matters.
8. Avoid Hassles and to help you avoid unnecessary court costs
Probate lawyers offer legal advice can help you navigate the legal system. They offer advice, represent you in court and help negotiate settlements. In addition, they can assist you with tax matters and other financial issues related to your estate.
Court costs can add up fast, especially when you do not know what you’re doing. It’s all very overwhelming, which is especially difficult after someone you care about dies. A probate lawyer will help you figure out ways to reduce or eliminate these fees. In addition, a probate attorney may be able to negotiate with the court on your behalf and get some of the charges waived.
Probate attorneys also know how to deal with creditors who are trying to collect from an estate. They will make sure that all debts owed by the deceased person are paid before any money is distributed to heirs. This helps ensure that no one receives a windfall at the expense.
Court fees are often charged to those involved in probate proceedings. They vary depending on the court system, but generally range between $200-$500.
These costs can add up quickly, especially if you have multiple heirs.
9. Ensure Proper Distribution of Estate Assets
Probate lawyers ensure that your assets are distributed properly. They can help you decide who gets what and when. They can also help you resolve disputes over inheritance.
Our firm has a background in real estate and we have a great team that helps you sell probate real estate. The first step is determining the scope of the property that must go into the probate.
10. Help You Understand the Process to Give You a Peace of Mind
Finally, a probate lawyer offers peace of mind.
He or she can protect your interests and ensure that your wishes are carried out. Probate lawyers support you throughout the probate process, helping you get to the finishing line. They can give you emotional support and offer guidance. They can also act as a liaison between you and the various parties involved in the process.
Probate lawyers Help You Understand the Process. Probate lawyers understand the entire process. They can explain everything to you clearly and answer questions. They can also guide you through the paperwork required to complete the process.
Hiring a probate lawyer is one of the smartest things you can do for yourself. With his or her expertise, you can rest assured knowing that your assets are being managed correctly.
We hope this is an informative article to help you know why you need a probate lawyer, but we’re also available if this doesn’t answer your questions. Please contact us by scheduling through our form on the side of the page.
