how will a lawyer help me with probate

Among the numerous benefits of hiring an experienced probate lawyer to help you are:

• Preparing and filing legal documents . Probate begins with the filing of a petition to probate the estate. Throughout...
• Notifying creditors and reviewing claims . The law requires all potential creditors of the estate to be notified that...
• Defending the estate . Authenticating the Will...

Full Answer

What are the main duties of a probate attorney?

Jun 14, 2021 · A probate lawyer can help ensure that an individual’s assets are properly distributed the way they wanted in accordance with their written wishes or applicable laws. Probate is simply the administering of an individual’s estate once they have passed, and probate lawyers are well-versed in local, state, and federal laws that can impact how ...

What exactly does a probate lawyer do?

Jun 29, 2017 · But a good probate lawyer can help you with many other facets of estate planning, including: Tax issues Setting up trusts Understanding how beneficiaries work Act as executor for the estate Help you to avoid probate after the death of your spouse

Will you need to hire a probate lawyer?

Jan 14, 2022 · Among the numerous benefits of hiring an experienced probate lawyer to help you are: Preparing and filing legal documents . Probate begins with the filing of a petition to probate the estate. Throughout... Notifying creditors and reviewing claims . The law requires all potential creditors of the ...

How much do lawyers charge for probate?

How can a probate lawyer help me after a loved one passes away? In Florida, state law requires an attorney represent the estate in a Formal Probate but not all probates or estate administrations REQUIRE attorney involvement and yet a probate lawyer can offer valuable assistance in the process.

What can a probate lawyer do for you?

But a good probate lawyer can help you with many other facets of estate planning, including: Tax issues. Setting up trusts. Understanding how beneficiaries work. Act as executor for the estate. Help you to avoid probate after the death of your spouse.

What is probate attorney?

Probate attorneys handle the estate of deceased persons, known legally as a “decedent.” ? Typically their training is comprehensive around settling estates, getting financial and legal matters tied up, and everything else that needs to be done at such a time.

What happens if you don't have a probate lawyer?

(And take time.) There are repercussions to not using probate lawyers, most of which result in time/money losses for your loved ones.

What happens when someone passes away?

This is typically the easier process to manage. Oftentimes it’s a clean hand-off.

What is probate lawyer?

Generally speaking, probate lawyers, also called estate or trust lawyers, help executors of the estate (or “administrators," if there is no will) manage the probate process. They also may help with estate planning, such as the drafting of wills or living trusts, give advice on powers of attorney, or even serve as an executor or administrator.

Can you take your will with you when you die?

As the old saying goes, you can't take it with you when you die. But a probate lawyer can help surviving family members settle your debts and distribute your assets after you're gone, with or without a will. So what is a probate lawyer?

What happens if you die with a will?

If an individual dies with a will, a probate lawyer may be hired to advise parties, such as the executor of the estate or a beneficiary, on various legal matters. For instance, an attorney may review the will to ensure the will wasn't signed or written under duress (or against the best interests of the individual).

What does a probate attorney do?

A probate attorney usually handles the process of estate administration after a person dies. An estate planning attorney, on the other hand, works with living clients on how their client's estates should be administered. The attorney could do that by helping clients prepare trusts, wills, and other relevant documents.

What to do if someone dies without a will?

You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help.

How is an estate distributed?

When this happens, your estate is distributed according to the intestacy laws of the state where the property resides, regardless of your wishes. For instance, if you are married, your surviving spouse receives all of your intestate property under many states' intestate laws.

What Is Probate and Why Is It Required?

When a person dies, he or she leaves behind an “estate.” The decedent’s estate consists of all assets owned by the decedent at the time of death. Sometimes, an estate includes nothing more than personal items, household furnishings, and a small amount of money in a savings or checking account.

How Can a Probate Lawyer Help Me?

The probate system can be difficult enough to navigate for the first time without the added stress and anxiety of also grieving a loss. Despite this, it is imperative that you not make costly mistakes as the Executor.

Contact Us

For more information about estate planning, download our FREE estate planning worksheet. If you have questions or concerns about the duties and responsibilities of an Executor, contact an experienced New York State probate lawyer at the Law Offices of Kobrick & Moccia by calling 800-295-1917 to schedule your appointment.

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How many states impose estate taxes?

More than 99% of estates don't owe federal estate tax, so this isn't likely to be an issue. But around 20 states now impose their own estate taxes, separate from the federal tax—and many of these states tax estates that are valued at $1 million or larger.

Can you transfer property without probate?

Most or all of the deceased person's property can be transferred without probate. The best-case scenario is that you don't need to go to probate court, because assets can be transferred without it. This depends on the planning the deceased person did before death—you can't affect it now.

Can you probate an estate without a lawyer?

When You Can Probate an Estate Without a Lawyer. Here are some circumstances that make you a good candidate for handling the estate without a professional at your side. Not every one of them needs to apply to your situation—but the more that do, the easier time you will have.

Can executors wind up estates?

Many executors decide, sometime during the process of winding up an estate, that they could use some legal advice from a lawyer who's familiar with local probate procedure . But if you're handling an estate that's straightforward and not too large, you may find that you can get by just fine without professional help.