lawyer who deals with estate issues

by Virginie Hagenes 7 min read

A probate attorney handles the process of estate administration after a person dies. They may even serve as an executor or administrator of an estate if the person has no one else to designate. An estate planning attorney works with living clients to draft wills, trusts, living trusts, and powers of attorney.Jun 17, 2022

Full Answer

What are the duties of an estate attorney?

  • Superb analytical and negotiation skills. To translate this skill into a role we like to call this the chief operations officer combined with advocacy leader.
  • In fact, we were hired by an affordable housing grouprecently. ...
  • Excellent researcher. ...
  • Great communicator. ...
  • Stellar interpersonal skills and networking abilities. ...

Does a lawyer need to be involved for an estate?

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.

How much does an estate lawyer cost?

Because of the variances, an estate lawyer may cost anywhere from $200 to $2,000. This amount may also depend on whether or not the cost includes a filing fee, which is set by the local court. Due to these factors, estate lawyer costs are unique to each individual and their situation.

How to become an estate attorney?

This could include:

  • outstanding bills
  • tax owed
  • benefit overpayments

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What does an estate lawyer do?

Estate Lawyers can assist with Estate planning, which covers the transfer of property at death as well as other personal matters. An estate plan is a very important thing you would need to complete in your life because it creates a comprehensive strategy for managing and passing on assets, insurance, and health directives.

What is the importance of a lawyer for a will?

A lawyer can explain all your options and help you understand what types of wills or trusts are right for you and your family.

What is the best way to get your estate in order before you die?

Getting your estate in order before you die ensures that your possessions will make a smoother transition into the hands of those you love and care for, and a good estate or trust lawyer can help you with several aspects of estate and trust law: Drafting a Will or Trust.

What is estate administration?

Estate administration is the process of maintenance and distribution of assets after someone dies. This is done in agreement with either the will of the decedent (person who died) or state law. The death of someone close to you is one of the most stressful things you can experience in life, and sorting through the surrounding emotional chaos is bad ...

What does it mean to create an estate plan?

Creating the estate plan will mean tallying up all the different pieces of a person's individual wealth, including property owned, stocks, holdings, cash, savings, insurance policies, and health issues. People with disabilities need to create specific estate plans to meet their needs.

Why do people need an estate plan?

Individuals, families, and couples who want to think ahead for the future need to create an estate plan so that different pieces of their net wealth can be managed as part of a unified whole and go to the people that they want.

Who establishes a trust?

Trusts are established by a grantor, who assigns trustees and beneficiaries, as well as guidelines for the trust, and then moves wealth and gifts into the trust. An experienced lawyer can explain all your options and help you understand what types of wills or trusts are right for you and your family when creating your estate plan.

What is an estate planning lawyer?

The estate planning lawyer specializes in wills and trusts, and can help you to draw up a will to pass on your assets. Among other estate planning legal services, this type of lawyer can help you set up a trust which will help take care of your children’s financial needs.

What is an employment lawyer?

Employment Lawyer. Whether you’re a company that’s having a problem with an employee, or an individual who’s having problems with the company you work for, an employment lawyer can generally provide advice about legal issues which arise from an employment contract or within an employment relationship.

What is a disability attorney?

The Social Security Disability system can be a particularly complex system in which to navigate. An attorney who specializes in Social Security Disability issues can help you with any step in the Social Security Disability process, including assisting you with eligibility issues, launching an appeal of a decision to deny you benefits and dealing with the reduction or termination of your benefits.

What can a corporate lawyer do for you?

A corporate lawyer will be able to help you with issues related to the formation of your corporation, general corporate governance issues and corporate compliance issues.

What is a worker's compensation lawyer?

If you’ve been injured while on the job, or have had to face the death of a loved one as a result of a workplace accident or occupational disease, a lawyer who specializes in workers compensation law can help you navigate the issues you face, such as the extent of the employer’s fault and the amount of benefits to which you are entitled.

What is an IP lawyer?

Also known as an IP attorney, an intellectual property lawyer can advise you with regard to issues relating to intellectual property, such as copyrights, trademarks, patents, industrial design and trade secrets.

Do lawyers specialize in a particular area of law?

The legal field is vast and complex, and you’ll find that many lawyers specialize in a particular area of law. If you find yourself in need of a lawyer, make sure they have the expertise to handle your unique situation. Because there are so many different types of lawyers, you'll want to match your legal concern with the appropriate attorney.

What is an estate attorney?

An estate attorney will develop a legal will, create trusts on your behalf, and ensure the proper execution of your estate after you pass away. Family attorneys and estate attorneys, also called probate and wills attorneys, can each prepare wills. The type of lawyer best suited to prepare your will depends on your situation.

What can a real estate lawyer do?

A real estate lawyer can help with negotiation, addressing mortgage fraud, managing foreclosures and bankruptcy, transfers of titles and deeds, property ownership disputes, zoning issues, creating a co-ownership contract for joint purchase of a property, and much more.

How much does it cost to write a living will?

The cost typically ranges from $250 to $500, depending on your attorney’s fees; some charge by the hour, while others have a flat rate for writing a living will. Some states require living wills to be notarized, which adds an average of $5 to $15.

What to do if property dispute escalates beyond mediation?

If a property dispute has escalated beyond mediation, a real estate lawyer can advocate for your interests. If you prefer to remain (relatively) anonymous in property ownership, you may have a real estate lawyer represent you and negotiate deals for you.

How much does a real estate lawyer cost?

The national average cost for real estate lawyers ranges between $350 and $550, although prices can vary greatly based on the individual case. Many states, such as New York and Georgia, require that a real estate lawyer handle the closing documents when buying or selling a house.

Who can put together a will?

Although most family attorneys can put together a basic will, you may want one who specializes in wills and estate planning, especially if you have a lot of assets or a dependent to take care of. You may need an attorney who has expertise in planning and executing trusts and a background in taxes.

Do you need a real estate attorney for closing?

Many states require a real estate attorney to handle sale closing documents. For more complex matters such as a real estate deal gone awry or foreclosure, you’ll want to find an attorney who has successfully handled cases like yours. Look for online reviews of real estate lawyers in your area.

When to use a real estate attorney?

Simply put, the most common scenario to use a real estate attorney is when you buy or sell real estate. Cloud-based real estate law software assists attorneys by facilitating collaborative document management and project tracking in a seamless and secure environment.

What does an immigration lawyer do?

Immigration lawyers help immigrants, and employers seeking to hire them, with legal issues related to the status of immigrants and their families. Immigration lawyers help with visas, green cards, citizenship, and asylum and refugee status. Immigration laws change constantly, so it’s important to consult an experienced attorney in these situations.

What is a criminal lawyer?

Criminal lawyers are attorneys who defend individuals and organizations against government charges in federal and state courts. Criminal lawyers understand the rules around arrest, arraignment, bail, pleas, proof, and related issues. Some of the most common crimes requiring criminal lawyers include homicide, sexual battery and assault.

What are the types of employment law cases?

Some of the most common types of cases handled by employment lawyers are contracts, wrongful termination, workplace harassment, retaliation, and workplace discrimination.

What is a workers compensation lawyer?

Workers’ compensation lawyers specialize in helping workers navigate the unique laws that apply to people who have been injured on the job. A workers’ compensation lawyer typically has a large number of cases to manage, each with its own deadlines, so look for a firm using a modern cloud-based law firm management system. The Department of Labor administers four major disability compensation programs.

What is IP attorney?

Intellectual property attorneys (“IP attorneys”) help companies, artists, and inventors with legal issues concerning copyrights, trademarks, patents, trade secrets and the like. IP attorneys spend a lot of time working with clients to help them avoid infringing upon the rights of others and making sure that their intellectual property is properly protected under the law.

What is a civil litigator?

The general term “civil litigator” refers to an attorney who represents clients in civil (not criminal) court, either as plaintiff or defendant. The most common kinds of civil litigation involve contract ...

How to contact an estate attorney in Arizona?

Call Arizona Estate Attorney Dave Weed at (480)426-8359 to discuss your case today.

What happens if you don't open a probate estate?

If you fail to open a probate estate, you could be liable for taxes and other claims. Even if you do not think a probate estate is necessary, it is important to discuss your options with an experienced estate attorney.

What happens if assets are less than debts?

If the assets in the estate are less than the debts and tax obligations, those debts do not become the responsibility of the loved ones left behind. Unfortunately, many people do not understand this, and they end up paying off debts for which they have no financial or legal responsibility.

What is the best way to protect assets after a loved one dies?

The best way to protect the assets is to open the estate right away.

What to do if you are unsure about your taxes?

If you are unsure about the tax situation, you should contact the person who handled returns for the deceased. They should have copies of past tax returns, and they should be up to speed on any outstanding audits, tax debts or other issues. The days and weeks following the death of a loved one can seem like a blur.

Is it hard to handle an estate?

The death of a loved one is always hard, but the difficulty of handling the estate can make an already difficult situation that much worse. Dealing with the complexities of the estate, closing the financial affairs of a deceased loved one and handling the taxes due can really put a strain on your emotions.

Is a power of attorney valid after death?

Unfortunately, the power of attorney you may have had in place is no longer valid following the death, and it is important to understand that distinction. A previous power of attorney does not give you the power to handle the estate after the death of your loved one.

What is a real estate lawyer?

Real estate lawyers provide legal guidance for individuals or companies seeking to buy or sell a property. They work with their clients and the real estate agents to draft documents and ensure that the paperwork is legally binding. They may also negotiate for the buyer or seller, or represent a property owner during a foreclosure dispute.

What do lawyers do?

Different types of lawyers specialize in different areas of law. Some lawyers mostly do the work outside of the courtroom, such as drafting contracts and wills, preparing documents to comply with a process, negotiating deals, and advising clients on a legal problem. There are also lawyers who present cases in court or litigations ...

What is a family lawyer?

Family Lawyers. These are lawyers who handle all kinds of domestic cases, such as divorce, legal separation, child custody, adoption, paternity, alimony, prenuptial or postnuptial agreements, and emancipation. But family attorneys may also handle reproductive rights cases, and their work may intersect with other areas of the law.

Why do we need malpractice lawyers?

Since these are professions that ascribe to a set of standards , they have greater professional responsibilities that may be challenged in the courtroom or in litigation.

What kind of lawyer handles reproductive rights?

But family attorneys may also handle reproductive rights cases, and their work may intersect with other areas of the law. For instance, if there’s a criminal investigation of child abuse or a domestic violence case, or if there’s a juvenile delinquency case, a family lawyer may also work with a criminal lawyer. 3. Estate Planning Lawyers.

What do IP lawyers need to know?

They need to have expert knowledge in both business and innovation trends. IP lawyers may also negotiate settlements on behalf of the creator or inventor if someone has infringed on their work, such as in cases where branded goods are faked and sold for a lower price in the market.

What is a criminal defense lawyer?

Last but not least, a criminal defense lawyer is skilled in handling all stages of a criminal lawsuit. They provide valuable counsel to their clients from the time they are arrested, through the investigation, charging, arraignment and sentencing. Their work isn't quite done if their clients wish to appeal their case. A good criminal defense attorney knows how to navigate the nuances of the law, which allows them to keep their clients out of prison.

Who can be involved in a property dispute?

Property disputes can involve just about anyone who has an interest in the real estate in question. For example, most property disputes involve the owner of the property in some way, but they can also involve: Neighbors; Landlords and Tenants; Homeowner Associations (HOAs);

What are the remedies for property disputes?

Remedies for property disputes often depend on the nature of the dispute and the state where the property is located. Potential remedies include injunctions, judicial sales, monetary damages, and quiet title actions.

How to resolve a dispute with a neighbor?

Sometimes, a dispute can be resolved by just talking to your neighbor and maintaining a good relationship with them. Politeness and respect can go a long way in resolving minor disputes. If it gets to the point where you feel a demand letter is necessary, you can certainly discuss that option with an attorney.

What is a property dispute?

A property dispute is a legal dispute that involves real estate. While it may sound relatively simple, the term “property dispute” covers a wide range of possible disputes over a wide range of property. The property involved could be anything from a vacant lot to a home, deck, condominium, manufactured home, pond, driveway, ...

How to resolve boundary disputes?

Often, boundary disputes can be resolved at least in part by having a proper survey conducted on the property (especially if you’re planning on putting in a fence). Other property disputes may become more complicated, especially when you start running into issues questioning ownership.

What is a cease and desist order?

An injunction, sometimes referred to as a “cease and desist” order, is a judicial order that requires a person to do or stop doing a specific action. In some cases, the court may use a judicial sale of the property to remedy the situation.

Can a city be part of a property dispute?

It can be important to keep in mind that cities and municipalities can be part of a property dispute. Cities have the ability to own property, and often have agencies that regulate property or issue building permits (such as a city or town planning department).

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