If the person who passed away had any debt or bills they failed to pay, a probate lawyer will also advise the executor of will on the best way to handle these issues. What Happens If There Was No Will? If someone dies without a will, all their assets must be dispersed according to intestacy laws.
Ultimately, the attorney asks the court for an order authorizing and directing the personal representative to distribute the property according to the terms of the will. The probate attorney may further deal with the attorney handling an ancillary probate if any property is owned in another state.
He deals with creditors’ claims and also gives notice to creditors, and heirs, beneficiaries, and other people who are entitled to receive notice of the probate. After all the various administrative tasks have been completed, he prepares and files a petition for final distribution.
The probate attorney only has as a client the personal representative. The probate attorney has certain ethical duties towards the other heirs, but these do not include talking to them or giving them advise.
Michigan law imposes substantial fiduciary duties on a person appointed by the probate court to serve as the personal representative of an estate. The laws and procedural rules that apply to probate and estate administration are complex and detailed.
In some states, probate attorneys determine their charges based on a percentage of the assets in the estate. However, Rule 1.5 of the Michigan Professional Rules of Conduct does not permit a lawyer to charge based on the value of the assets in the estate.
Our lawyers at BRMM have many years of experience assisting clients with probate administration. If you are named as the personal representative of a decedent’s estate and require assistance with estate administration and probate, we can assist throughout the entire process to ensure that all Michigan legal requirements are met.
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.
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.
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).
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.
You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help.
There are numerous reasons that wills may be challenged, although most wills go through proba te without a problem.
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?
A probate lawyer is an attorney who offers legal counsel and assistance to the personal representative or executor of an estate throughout the probate process. Probate is a complicated process that can take months to complete or even years in some cases.
A probate lawyer may also be known as an estate attorney. The two terms technically mean the same thing. Sometimes people associate an estate attorney with a probate process that is larger and has more assets.
The role of a probate attorney can vary, depending on the size and complexity of the estate. In the simplest situations, they are knowledgeable on probate law and the nuances of specific state laws, and they may give legal advice, answer questions or direct the personal representative through the steps to complete the probate process.
Before you contact a probate attorney, you should know what you need them for. It’s helpful to have an idea of the assets owned by the estate and if you anticipate problems with beneficiaries or other involved parties.
Not all estates will need to hire a probate attorney. If the assets include a named beneficiary and the estate is below a certain dollar amount for value, the personal representative may not even need to go through probate.
Sometimes a personal representative may want to hire a probate lawyer to assist them through the probate process. They know they are responsible for the handling of the estate and may not feel comfortable with the weight of that task alone.