term for a lawyer who deals in wills

by Miss Delphine Huel DDS 9 min read

The kind of lawyer who does wills practices what’s known as an estate planning attorney or probate attorney. While many general family law practitioners may also offer this service, estate planning lawyers are the experts. Thinking about the day of your death might not be your most favorite way to spend an afternoon.

An estate planning attorney handles wills and trusts. Due to complexities of laws, attorneys typically focus their expertise on several practice areas.Mar 21, 2022

Full Answer

What kind of lawyer does Wills?

The kind of lawyer who does wills practices what’s known as an estate planning attorney or probate attorney. While many general family law practitioners may also offer this service, estate planning lawyers are the experts. Thinking about the day of your death might not be your most favorite way to spend an afternoon.

What do you call a person who writes a will?

Executrix: An old-fashioned term for a female executor. Most wills these days use "executor," whether the person is a man or woman. Gift and estate tax: A tax imposed on very large transfers of property (during life or at death) by the federal government. (More about federal estate tax.) Some states have their own estate taxes as well.

What are the legal terms associated with a will?

Trusts such as these require a great deal of planning and detailed proficiency, and the assistance of a legal professional such as an attorney for wills and trusts is strongly indicated. Gun/firearms Trusts. Individuals who own guns may have unique concerns pertaining to the disposition of their firearms following death.

Who is the best attorney to review a will and trust?

Oct 30, 2019 · The term “estate,” as it is used here, refers to all of the assets, debts, and properties belonging to a specific person at the time of their death. An estate planning attorney may help people plan for the future by creating a will and outlining how they want their estate managed after they pass.

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What is the name of the person who executes a will?

An executor of an estate is an individual appointed to administer the last will and testament of a deceased person. The executor's main duty is to carry out the instructions to manage the affairs and wishes of the deceased.

What do you call someone who gives an inheritance?

An heir is a person who is legally entitled to collect an inheritance when a deceased person did not formalize a last will and testament. Generally speaking, heirs who inherit the property are children, descendants, or other close relatives of the decedent.

What is it called when you give someone something in a will?

Testator: Someone who writes and executes (signs) a will. Testatrix: The old-fashioned term for a female will-writer. Trustee: Someone who has legal authority over the assets in a trust.

What is another name for executor of an estate?

The person appointed by the court to manage an estate when there is no valid will; called a personal representative in some states. An administrator has the same duties as the executor of a will.

What is a devisee in a will?

Devisee: Someone who inherits real estate through a will. Executor: The person named in a will, and appointed by the probate court after the will-maker's death, to wind up the affairs of a deceased person. In some states, executors are called "personal representatives.". (More about executors .)

What is an executor in a will?

Most wills these days use "executor," whether the person is a man or woman. Gift and estate tax: A tax imposed on very large transfers of property (during life or at death) by the federal government. (More about federal estate tax .) Some states have their own estate taxes as well. (More about state estate tax .)

What does "per stirpes" mean?

Per stirpes: A Latin term that means "right of representation.". (See that term, below.) Real property: Real estate—that is, land and things permanently attached to it, such as houses. Residue or residuary estate: All property subject to a will that isn't given away specifically in the will.

What is a settlor in a trust?

Settlor: Someone who creates a trust. Successor trustee: Someone who takes over as trustee of a trust if the original trustee can no longer serve. Tangible property: Items that can be touched. (Compare "intangible property.") Testamentary: Having to do with a will.

What is a testamentary trust?

Testamentary: Having to do with a will . For example, a trust that is set up in a will is called a testamentary trust. Testator: Someone who writes and executes (signs) a will. Testatrix: The old-fashioned term for a female will-writer. Trustee: Someone who has legal authority over the assets in a trust.

What does "bequeath" mean?

Bequeath: To leave property at one's death; another word for "give.". Bequest: A gift of an item of personal property (that's anything but real estate) made at death. Bond: A kind of insurance policy that protects inheritors against loss that the personal representative of an estate (the administrator or executor) might cause.

Who inherits a deceased person's property?

The general idea is that the children of a deceased beneficiary inherit that person's share—for example, if a father leaves property to his daughter, and at his death the daughter has already died, leaving two grandchildren, the grandchildren would take their mother's share.

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Why do you need a special needs trust?

A variety of reasons, whether they be physical, mental, or financial, may necessitate a Trustor to create a Special Needs Trust for the welfare of the beneficiary. Issues of income, state assistance, and welfare contribute greatly as to how the trust is drafted, and how the well-being of the beneficiary is maintained during his lifetime. Trusts such as these require a great deal of planning and detailed proficiency, and the assistance of a legal professional such as an attorney for wills and trusts is strongly indicated.

What is an intervivos trust?

Intervivos and testamentary trusts#N#A revocable inter vivos trust (or “revocable living trust”) is an estate planning tool which may be created as an agreement between the individual establishing the trust and a person or entity which will be responsible for the preservation and management of any assets placed into the trust . Common terms for the individual creating the trust is the Trustor or Settlor and the fiduciary appointed by the Trustor is commonly referred to as the Trustee. The term “revocable” means that the Trustor may either revoke or amend the Trust during his lifetime. Due to the emotional element of these trusts, it is recommended that they are established under the careful guidance of a living trusts lawyers.

Is a trust revocable?

Depending on individual circumstances, the trust may be revocable or irrevocable based upon the wealth of the Trustor, specific needs of the Trustor or the beneficiaries.

Paul Lawrence Zucchino

You would want to speak with an estate planning attorney. Some charge a flat fee for a consultation and others charge an hourly rate. You may even be able to find an attorney who offers free consultations in your area.

John Arthur Daniels

Estate planning attorneys would handle wills and trusts and they typically charge an hourly fee in reviewing an existing will or a trust. This fee would also cover any revision of an existing will or a trust.

Charles Adam Shultz

Estate planning attorneys. Some offer free consultations. The costs vary. Some charge fixed fees for estate plans, others charge hourly.

What is a testator?

The legal name given to a person who has made a valid will to take upon death, is “testator.” Common synonyms for this word include: 1 Devisor: A devisor leaves behind a devise (sometimes referred to as a bequest), which is a specific piece of property; 2 Decedent: A decedent is a deceased individual; and 3 Legator: A legator is an individual who leaves property, sometimes referred to as a legacy, to a specific person. The person who receives the property is sometimes referred to as a legatee.

What is a codicil in a will?

A codicil is created to add to, subtract from, revoke, or modify, the terms of a will.

Who signs a will?

The will is signed by a testator (the person who created the will), and does any one or more of the following: Makes a disposition (also referred to as a distribution) of property; Directs how property may not be disposed of; Appoints a fiduciary in the form of an executor; and. Disposes of the body of the testator (that is, ...

What is a decedent in a will?

Decedent: A decedent is a deceased individual ; and. Legator: A legator is an individual who leaves property, sometimes referred to as a legacy, to a specific person. The person who receives the property is sometimes referred to as a legatee. The similar word “testate” sometimes refers to an individual who has died leaving behind a will.

What does "testate" mean in a will?

The similar word “testate” sometimes refers to an individual who has died leaving behind a will. Such a person is said to have died “testate.”. In contrast, an individual who has died and not left behind a will is said to have died intestate.

What is a beneficiary in a will?

What is a Beneficiary? A beneficiary is a person, organization, or other entity, named in the will, who has been designated in the will to receive a legal benefit. This benefit is typically a form of real property or personal property. A designation (award) of property to a beneficiary is known as a “distribution.”.

What is a grantor in a deed?

Sometimes, a beneficiary is referred to as a “grantee”; in such instances, the testator is referred to as the “grantor.” “Grantor” is a legal term for someone who transfers property to another through a legal instrument (i.e., a deed, or an easement).

How to Start Your Search

The first and most important step in learning how to find a lawyer for wills and estates is to figure out what it is you need help in the first place.

Your Local Attorney Referral Service

An attorney referral service makes it incredibly easy to connect with vetted, trustworthy lawyers. These services are easy to use and effective, too.

Ask for References

Ask your friends, family members, and local professionals if they’ve worked with an attorney for similar concerns in the past.

Contact the Lawyers You Have Selected

Once you have a list of appropriate lawyers in mind, reach out to each of them.

What to Ask During An Initial Consultation

At this point, you should at least have a shortlist of lawyers for wills and estates who seem promising. Schedule a consultation as mentioned in the previous step, and then prepare a list of questions to help you judge their competency.

Conclusion

Planning for your future is important. Be sure to take your time when searching for an experienced lawyer in your area and try to schedule an initial consultation before making a decision. If you go through a lawyer referral service, ask if it’s possible to set up a free consultation.

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