What Does a Probate Attorney Do?

Los Angeles Probate Attorney is a licensed legal professional that deals with matters related to estate settlement. This includes authenticating the will in court, settling debt issues with inherited property and addressing conflicts between heirs.

This type of lawyer is also able to help contest a will if there is sufficient grounds for doing so. In addition, they can help you understand the taxes that need to be paid before distributing your loved one’s assets.

When a person passes away, their estate needs to be settled according to their wishes. This is usually done through probate court, which involves a lengthy process of validating the will and settling debts and taxes. Probate attorneys help executors and beneficiaries navigate these complicated legal matters. They can also help reduce the burden on family members by directing where remaining assets should go.

One of the main duties of a probate lawyer is to ensure that the deceased’s will is legitimate. This can involve checking that the will was not forged or signed under duress, for example. This can also include ensuring that the will is legally binding and that it complies with local laws. A probate attorney can also help the administrator of an estate to carry out the instructions in the will. If no will is present, probate attorneys can also help the administrator distribute the estate assets according to state laws.

A probate attorney can also help protect heirs and beneficiaries from being taken advantage of by creditors or other parties who may be attempting to gain access to the estate’s assets. This can be a difficult task when dealing with a large and complex estate, especially if it has a lot of assets in different jurisdictions or that are subject to tax issues. Probate lawyers can also help reduce the amount of time and money spent on an estate by negotiating settlements with creditors and other interested parties.

In some cases, probate attorneys can even help settle disputes between heirs. This can be particularly useful in situations where heirs disagree on how to divide up an inheritance or when there are allegations of fraud or dishonesty.

It is important to understand how a probate lawyer charges before hiring one. They can charge an hourly rate, a percentage of the estate value, or a flat fee. It is also a good idea to consider how experienced the lawyer is in this type of case and whether they regularly practice probate law. An inexperienced attorney may not be familiar with a judge’s specific rules and preferences, which could lead to costly delays.

They Help You Avoid Litigation

When a loved one dies, disputes often arise that require legal intervention. A probate attorney can help families reach reasonable agreements and avoid litigation. They can also take steps to prevent disputes before they happen by recommending estate planning techniques, such as writing a prenuptial agreement or setting up life insurance trusts.

When disputes do arise, a probate lawyer can help family members settle differences through mediation or arbitration. They can also help ensure that all necessary procedures are followed and deadlines met. Having an experienced attorney on hand to handle disputes can save both time and money in the long run.

While many disputes can be settled through mediation or arbitration, some cases need to go to court. A probate attorney can defend heirs, beneficiaries, creditors, estate administrators, and trustees against claims made by other parties. These claims can include contested wills, alleged forgeries, alleged undue influence or improper administration, spousal share claims, guardianship issues, wrongful termination of a fiduciary relationship, and requests for formal accountings.

A probate attorney can also help heirs contest the validity of a will. If a will or trust is found to be tampered with, signed without proper witnesses, forged, or otherwise invalid, the attorney can help heirs file an appropriate lawsuit against the executors of the estate. In addition, an attorney can help heirs understand their rights and the duties of the estate administrator.

It’s important to hire a probate attorney who exclusively deals with probate law. Not only does this guarantee that they have a thorough understanding of the intricacies of this field, but it also means that they’ll be familiar with the judges that will be presiding over your case.

In some instances, a probate lawsuit may become inevitable. For example, if the deceased had real estate in another state, it must be transferred through ancillary probate. A probate attorney can help you navigate this process and ensure that all necessary documents are filed in a timely manner. They can also assist heirs in filing a claim for a fair share of the estate.

They Help You With Final Accounts

The executors and trustees of an estate must file an account, declaring the assets on hand as of the date of the decedent’s death. This will involve a detailed inventory of everything, from bank accounts and investments to jewelry and real property. It will also include a valuation of each item and any money owed to or by the estate. Your probate attorney will help you understand what you need to do in order to create the proper document and get it filed with the court.

Investopedia notes that the PR will also have to differentiate between assets that need to go through probate and those that don’t. This can be difficult since the deceased may not have left a clear understanding of what they owned and how it was titled. For example, some real property may be titled as joint tenants with rights of survivorship or as tenancy in common, and this will determine whether it passes through the estate or not. Other assets like life insurance policies and financial accounts with designated beneficiaries or payable-on-death beneficiaries also bypass probate.

Your probate attorney can also help you settle any outstanding taxes that your loved one accrued before they passed away. These taxes will need to be paid before the estate can be distributed. Depending on the size of the estate, this could take a significant chunk out of the inheritance that your loved ones will receive. Your attorney will help you understand the tax laws of your state and how they pertain to your specific situation.

Another way in which your probate lawyer can help is to mediate between heirs when necessary. As the inheritance is divided, arguments can arise, particularly when each person believes that they deserve a larger share of the estate than the others do. Your attorney can be a neutral party to sort out these disputes and keep everyone on the same page.

The death of a loved one is always hard, and dealing with the legal and financial ramifications of settling an estate can be even more challenging. A probate attorney can make the process much less stressful for you and your family members. However, you should carefully consider the fee structure of your probate attorney – do they charge an hourly rate? Do they offer a flat fee based on the value of the estate?

They Help You Communicate With Heirs

Probate attorneys help heirs understand their inheritances, as well as what property they may be entitled to. They also help heirs communicate with the executor of the estate. In situations where heirs believe the executor of the estate is acting improperly, a probate attorney can help heirs file lawsuits and take legal action.

A probate lawyer can also help the executor of a will with the distribution of assets to beneficiaries. This can be a complex process, and the lawyer will ensure that all the beneficiaries receive their correct share of the estate. They will also make sure that any debts of the deceased are paid, and that any taxes owed by the estate or by the beneficiary are settled.

When deciding to hire a probate lawyer, it is important to consider their experience. A good probate attorney will have extensive knowledge of state laws, and they should also be familiar with the judges in the court where your case will be filed. A good probate attorney will also focus solely on probate cases, so they are able to provide you with expert advice and support.

It is also important to ask a potential probate attorney about their fees. Some lawyers charge an hourly rate, while others charge a flat fee for their services. The fee will depend on the complexity of the case and how long it will take to settle. It is also important to note that the longer a probate case takes, the more expensive it can be.

While it is preferable to address estate planning issues while you are alive, life often takes unexpected turns, and this is why a probate attorney can be helpful. A probate lawyer can take on a number of roles depending on the instructions laid out in estate documents and the unique requirements of each situation.

While it is possible to handle an estate without a probate attorney, hiring one can make the process much easier. A probate attorney can help you find and inventory all the assets in the estate, settle any pending debts, and distribute the remaining assets to heirs. In some cases, a probate lawyer can even be necessary to avoid litigation between beneficiaries or creditors of the estate.