what is an estate lawyer

by Kiara Franecki 9 min read

Estate planning attorneys, also referred to as estate law attorneys or probate attorneys, are experienced and licensed law professionals with a thorough understanding of the state and federal laws that affect how your estate will be inventoried, valued, dispersed, and taxed after your death.

What are the duties of an estate attorney?

An estate lawyer is a bar certified attorney who specializes in estate planning and assists clients in drafting and implementing legal documents, including wills and trusts. Estate law is closely related to family law, since lawyers often must work with related individuals who are involved with an …

How to become an estate lawyer?

Estate planning attorneys, also referred to as estate law attorneys or probate attorneys, are experienced and licensed law professionals with a thorough understanding of the state and federal laws that affect how your estate will be inventoried, valued, dispersed, and taxed after your death. In addition to educating you about the probate process, an estate planning attorney …

What exactly does a real estate lawyer do?

Jan 21, 2022 · An estate planning attorney is trained in matters related to passing on your assets after you die. Estate attorneys help you create draft documents and create plan so that your assets go to your intended beneficiaries without any court battles or big tax bills. A strong estate plan starts with life insurance Get free quotes

What is it like to be a real estate lawyer?

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What does a real estate lawyer do?

What Does A Real Estate Attorney Do? Real estate attorneys know how to, and are legally authorized to, prepare and review documents and contracts related to the sale and purchase of a home. In some cases, a real estate attorney is also the person who'll be in charge of your closing.6 days ago

How can a lawyer help in estate planning?

An estate planning attorney, also referred to as an estate law attorney or probate attorney, helps in the estate planning process by putting your wishes for incapacity and death into writing. This attorney will know the correct documents to use and will present options to ensure your goals are correctly carried out.

Who is an estate planning lawyer?

Estate planning attorneys, also referred to as estate law attorneys or probate attorneys, are experienced and licensed law professionals with a thorough understanding of the state and federal laws that affect how your estate will be inventoried, valued, dispersed, and taxed after your death.

Is estate planning for the rich?

No. When you think of estate planning, you may envision someone very wealthy and believe this doesn't apply to you. This is a common misconception.

What is an estate lawyer?

An estate lawyer is trained in matters related to passing on your assets after you die, and planning for situations where you can no longer care for yourself. They are experts in wills, trusts, and your local probate process. Some estate lawyers may also have specialties, like planning the succession of a business.

Who is Derek from Policygenius?

Derek is a personal finance editor at Policygenius in New York City, and an expert in taxes. He has been writing about estate planning, investing, and other personal finance topics since 2017. He especially loves using data to tell a story. His work has been covered by Yahoo Finance, MSN, Business Insider, and CNBC.

What is an estate?

An estate is anything that makes up a person’s net worth. To determine a person’s estate, you add up their assets and deduct their debts. Real property like land can be part of a person’s estate. Personal property like household items and vehicles can also be part of an estate as well as bank accounts and other financial instruments.

What does an attorney do?

Attorneys sometimes help their clients react to something that’s already occurred. Other times, attorneys help their clients plan for the future. For example, they help their clients create a contract or they advise their clients on what behavior complies with the law and avoids civil penalties. Estate law is both proactive and reactive.

What is reactive law?

Some practice of law is simply reactive. For example, a criminal defense lawyer helps a client react when they’re facing a criminal charge. Likewise, most civil litigation cases involve a dispute over something that’s already occurred. Attorneys sometimes help their clients react to something that’s already occurred.

Why do people use trusts?

A client might use a trust in order to minimize estate taxes and minimize the hassles that can go along with estate distribution. In other cases, a trust is helpful to manage assets for a minor or a person with disabilities.

When do you need a guardian?

When a person is unable to manage their own affairs because of a physical or mental disability, they may need a guardianship. Adults need a guardianship when they’re unable to handle their own affairs. Children need guardianships when their parents are unable to care for them.

What is an estate in common?

To put it simply, an estate is what a person has to their name.

What is it called when a person dies without a will?

When a person dies without a will it’s called dying intestate. Each state has rules for what happens when a person dies without a will. An estate lawyer may help their client handle the estate or contest the distribution of an estate when a person dies without estate planning.

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What Is An Estate?

  • An estate is anything that makes up a person’s net worth. To determine a person’s estate, you add up their assets and deduct their debts. Real property like land can be part of a person’s estate. Personal property like household items and vehicles can also be part of an estate as well as bank accounts and other financial instruments. If a person owns property in common with others, thei…
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What Kinds of Law Makes Up Estate Law?

  • There are several different types of law that make up estate law. These types of law often intertwine. Estate law may involve any of the following types of law:
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Estate Law Is Both Transactional and Litigation

  • Attorneys who practice estate law may practice transactional lawas well as litigation. When estate lawyers prepare documents and help clients plan for the future, they’re transactional lawyers. There are no court appearances involved in making a will or preparing a trust, for example. If there’s a will contest, an estate lawyer is a litigator. An estate attorney may attend court and pre…
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Estate Law Is Both Proactive and Reactive

  • Some practice of law is simply reactive. For example, a criminal defense lawyerhelps a client react when they’re facing a criminal charge. Likewise, most civil litigation cases involve a dispute over something that’s already occurred. Attorneys sometimes help their clients react to something that’s already occurred. Other times, attorneys help their clients plan for the future. For example, …
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Estate Law Is Primarily State Law

  • Most estate law is state law. State laws determine what needs to be in a will in order to make it valid. There are federal estate taxes that may applyto an estate. Clients with multi-million dollar estates must be careful to structure their estates in a way that contemplates federal estate taxes. To properly serve clients, an attorney must know what state and federal laws apply to their client…
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Who Practices Estate Law?

  • Estate lawyers live and work throughout the United States. People everywhere need estate planning. Many estate lawyers live and work in small towns. Others live in big cities. Lots of people who never otherwise seek legal services use attorneys to do their estate planning. For that reason, estate lawyers find success in every corner of the country. Many estate lawyers combin…
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Why Become and Estate Lawyer?

  • Estate law can be a fulfilling area of law for many reasons. It can be rewarding to help clients plan for their future and take care of their families. For lawyers who enjoy writing and studying complex laws along with the occasional court appearance and litigation, estate law can provide a rewarding balance among varying types of law. Estate law can also provide a solid financial fou…
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Helping Clients Plan For The Present and The Future

  • Estate law is a mixture of transactional law and litigation. Lawyers who practice estate law have a variety of skills including writing and interpersonal communication that they use to help their clients understand the law and create the best plan to meet their personal objectives. Estate lawyers help clients organize their personal affairs. Estate law helps clients reach their goals in …
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