Managing the property of a loved one after they’ve passed can be an emotional process. It’s even more challenging if you don’t understand the probate process properly. Even with a will, settling their affairs and estates will involve legal and administrative processes that you may not fully understand. Having a skilled probate attorney during this difficult time can lessen the burden and allow you to focus on grieving. An attorney who is qualified and experienced in handling the probate process will ensure that the deceased’s wishes are carried out according to the law.
Let’s explore the responsibilities carried out by a Probate Attorney:
Provide Legal Advice When Drafting a Will
If you’re drafting a will or creating an estate plan, you may seek advice from a probate or estate planning attorney. These professionals guide clients on asset distribution options and help protect estates from disputes and creditors. This may include updating your will periodically in case your circumstances change, and you have a change of thought. A trustworthy attorney can also help you incorporate other estate planning documents into the will, such as trusts, and ensure your wishes are respected upon your passing.
Representation in Court Proceedings
Attorneys advocate for their client’s interests when probate cases go to court. The attorney files all the necessary paperwork when opening a probate case, appears in court to present the case, and responds to any objections or challenges presented by other parties. The lawyer is also responsible for defending the estate in case of claims by potential heirs or creditors.
Be the Executor’s Legal Guide and Advisor
An executor is the person appointed by the deceased person to distribute their estate’s assets and manage the probate process. The attorney helps the executor understand the duties associated with their role and guides them on the legal procedures to follow. Here is a list of what a legal professional does for the executor:
- Review the will and other estate planning documents to interpret their meanings and validate their credibility.
- Locate and value estate assets by contacting appraisers, banks, or other professionals.
- Pay off any outstanding debts and taxes using the estate funds.
- File probate court paperwork correctly and on time.
- Deal with beneficiaries and creditors by answering all their questions on the inheritance process.
- Represent the executor if there are any disagreements among the beneficiaries.
However, a probate lawyer cannot offer the executor/personal representative specific tax or financial advice or represent beneficiaries in a dispute.
Understanding Probate Litigation Cases
Legal contests filed in a probate court after losing a loved one are categorized as probate litigation. These are some of the probate cases that may need you to hire a probate lawyer:
- Trust Disputes: These disputes arise when a severe breach of trust happens, such as mismanagement or embezzlement by a trustee, concerns about the trustee’s actions and interpretation of trust terms, issues on the trust’s validity, or disagreements on beneficiary entitlements. It is crucial to seek legal advice from reputable attorneys when these disputes arise. They help you resolve issues when mediation and negotiation fail to work. Litigation protects the interests of the trust and its beneficiaries.
- Will Contests: Disputes on a will’s authenticity can arise despite having a valid one. Parties can raise concerns if they suspect an undue external influence or lack of capacity for the deceased person when writing the will. To avoid a will contest around its credibility, attorneys advise you to visit them constantly to revise your will.
- Breach of Fiduciary Duty: Guardians, trustees, conservators or executors have the fiduciary duty to conduct themselves in the best interests of the person they’re appointed to protect or an estate. A breach of this duty includes intentionally harmful or self-dealing acts that can lead to litigation.
- Guardianship and Conservatorship: This refers to a relationship established by a court between a minor or incapacitated adult and a competent adult given the responsibility to care for them or their property. A guardian looks after the person, while a conservator looks after the property. Consulting a probate attorney helps avoid disputes that may arise during the process. They guide you through and ensure you follow the law’s provisions.
Choosing a Reputable Probate Lawyer
Selecting the right attorney makes all the difference in protecting your assets and securing your legacy. Consider the following factors that will guide you in making an informed decision:
- Experience: Highly experienced professionals have extensive knowledge of navigating complexities in the legal field. They give you accurate guidance and effectively represent you to protect your interests.
- Expertise: In addition to the years of practice, consider their area of expertise. Probate lawyers have a clear understanding of the procedures involved and are updated on advancements and changes in this field.
- Fee structure: Let your legal advisor know your budget to avoid unforeseen financial surprises. The three rates attorneys can charge are a flat rate, a percentage of the estate value, or an hourly rate. Compare the charge rates of different lawyers and pick one that aligns with your financial muscle.
- Past records and performance: An attorney with an impeccable track record proves they can deliver quality services. Research on each attorney’s client satisfaction rate, their position in the legal arena, and the success of cases they’ve handled. You can reach out to their previous clients for feedback. Professionals with a good reputation and positive reviews will likely offer services that favor you.
Choosing a good probate lawyer is important for making the process easier. The right lawyer can help manage your assets and make sure your wishes are followed. With the right support, you can handle the tricky parts of probate without worry. Your legacy matters, so take the time to find a lawyer who fits your needs.
Hire the Best Probate Attorney in Coral Springs
A probate attorney helps you draft a comprehensive and transparent will. They also offer you advice on legal aspects of your estate plan, assist you in appointing a suitable executor, and advise you on effective estate planning strategies to avoid potential probate issues.
At Handin Law, we pride ourselves on providing exceptional legal services in diverse areas, including probate matters. Our team manages the legal aspects of estate administration, allowing you the space to focus on grieving. Contact us today for services such as Wills, Quitclaim deeds, durable powers of attorneys, probate services, and living wills.