Nov 06, 2021 · Estate Lawyers. If the deceased person has all their affairs in order, then an executor will likely be able to manage the estate by themselves. However, if the affairs are not straightforward, or if the estate is very large, then an executor might contact an estate lawyer for advice. These professionals can help with the following:
Aug 02, 2017 · An Indianapolis probate lawyer can represent a person who has been named executor of an estate as the probate process takes place. The executor of an estate has many important responsibilities and legal obligations during the process of probate. Fulfilling many of these requirements necessitates technical and legal knowledge.
If you’ve recently been named as an executor of an estate, you may not yet know you may need to have a team of professionals to help, and that you may need to hire an estate attorney. Because wills and estates vary in complexity, and assets within the estate can add another layer that must be understood and managed properly, it’s always a good idea to have an estate attorney at …
If you are the executor of an estate, a probate & estate administration attorney can help. Probate & estate administration attorneys handle succession issues and can help you navigate court processes, payment of the deceased person's debts, distribution of property according to the will or estate plan, and probate litigation.
But if it looks like there won't be enough money in the estate to pay debts and taxes, get advice before you pay any creditors. State law will set out the order in which creditors get priority, and it's not always easy to figure out how to parcel out the money. The estate won't owe either state or federal estate tax.
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.
Probate is easier in states that have adopted the Uniform Probate Code (a set of laws designed to streamline probate) or have simplified their own procedures. The estate doesn't contain a business or other complicated asset.
But you won't need probate if all estate assets are held in joint ownership, payable-on-death ownership, or a living trust, or if they pass through the terms of a contract (like retirement accounts or life insurance proceeds). The estate qualifies for simple "small estate" procedures.
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.
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.
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.
When a decedent names an executor in his will, the executor still must go to court to officially be appointed in this position.
If you have been named as executor of an estate in a loved one’s will, don’t wait to take action. Because the probate process can take a long time, it is best to get started as soon as possible in moving the process forward.
Because wills and estates vary in complexity, and assets within the estate can add another layer that must be understood and managed properly, it’s always a good idea to have an estate attorney at your side to help manage your executor duties.
Once you figure out the type of attorney you need, you then need to go about hiring an estate attorney. Here are a few tips to hire an estate attorney: 1 You don’t have to hire the first estate attorney you talk to. Personality matters. As an executor, you will have to work with the estate attorney, so make sure the estate attorney you hire is someone you trust and respect. 2 Ask about the fees. How will the estate attorney be compensated for her work? Will she charge you by the hour or is there a flat fee based on the will and size of the estate? 3 Ask about the process. Will you work with the person you are talking to or a team of people? If it will be a team, make sure you meet those people as well. Paralegals can play a significant role in this process – so meet them if they will be involved.
Even what may seem to be the simplest will, where one where a spouse gives everything to the surviving spouse, still has to be filed with the probate court.
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?
If you read the conventional advice for executors, the first step is usually "hire a lawyer. ". And you may well decide, as you wind up an estate, that you want legal advice from an experience lawyer who's familiar with both state law and how the local probate court works. Not all executors, however, need to turn a probate court proceeding ...
Close to 20 states impose their own estate taxes, and many of them tax estates that are valued at $1 million or larger.
Ideally, all assets can be transferred to their new owners without probate court. Some common examples of assets that don't need to go through probate are assets are held in joint tenancy, survivorship community property, or tenancy by the entirety. Assets held in a living trust can bypass probate, too.
(If you don't know the answers, ask a lawyer—before you agree to hire the lawyer to handle things for you.) The more questions you answer with a "yes," the more likely it is that you can wrap up the estate without a professional at your side.
If the state where the deceased person lived has adopted a set of laws called the Uniform Probate Code, probate should be pretty straightforward. In UPC states , most probates are conducted with minimal court supervision. A few other states have simplified their procedures without adopting the UPC.
In addition to these tasks, the executor is also responsible for paying off any debts and taxes of the estate, notifying certain individuals and institutions about the person’s death, and in some instances, may even have to go to court to defend the estate against a lawsuit.
Hiring an experienced estate attorney will help to ensure that you do not violate any laws or forfeit your application in the process due to errors. Additionally, a lawyer will be able to go over your rights, responsibilities, and other procedures involved with becoming an executor of an estate.
An executor of an estate, or administrator, is the individual in charge of managing and distributing all of the properties included in a deceased or incapacitated individual’s estate. The term “estate” may refer to the individual’s real property, personal belongings, and other assets. In addition to these tasks, ...
The court may choose an individual by reviewing the intestate succession laws of the relevant state. It is important to note that every state has their own intestate succession laws, so the results of each case may vary depending on the laws of that state. These laws dictate how to distribute the deceased individual’s estate ...
If a situation occurs where there are no spouses or adult children available to be appointed as the executor, then there is a possibility that the court will look to a close relative, friend, or professional of the deceased.
While there are other requirements involved in becoming an executor, the two most important things that the individual must have is that they are of age, which means at least 18 years old, and that they have not been convicted of a felony.
In some states, the proposed executor is required to post a surety bond. This type of bond insures the value of the testator’s estate against any mistakes that the executor might make when carrying out their duties, including not obeying their responsibilities at all.
In some states, when no family member has come forward to administer the estate, then a creditor of the deceased may serve as administrator. 2. Receive Written Waivers From Other Candidates. You need to receive a written waiver from other candidates for administrator that have higher priority.
These basic steps will show you how to file for executor of an estate without a will: 1. Determine Your Priority for Appointment. Probate rules are established by your state and include identifying who can serve as an administrator and the priority of appointment.
6. Secure a Probate Bond. It is common court practice to require a bond to protect the interest of the deceased’s estate, its heirs and creditors. The bond also protects the administrator to ensure they fulfill their duties responsibly.
When someone dies without a will, it’s called dying “intestate. ”. In these situations, no one may have legal authority to close the deceased’s estate. Probate court can step in to select someone to perform these duties or a loved-one can volunteer to fill the vacancy.
In most states, probate will occur in the county where the deceased had residence. You need to contact that court to understand their filing requirements and timelines. Frequently you will need to file a Petition for Probate along with the Notice of Petition to Administer Estate.
Serving as the executor of an estate is an important and time-consuming responsibility. Each state has its own laws detailing an executor’s responsibilities and the timeline for performance. You can be held personally liable for damages if you don’t strictly adhere to the probate laws.
In Texas, for example, a person who is a non-resident can’t be appointed.
An important thing to consider if you are an executor is the assets at hand. If you anticipate that the estate is not large enough to cover its debts and expenses, the executor should consult an estate attorney or the probate court before spending any money.
Most of the expenses incurred while settling an estate are paid for by the estate, which is composed of the deceased’s savings, assets, etc.
Expenses that cannot be covered by the estate include: Costs incurred before death – You may know you are going to serve as the executor of an estate before the will maker dies. You may even work with the writer of the will to get things in order before her death.
The best advice is to try to combine necessary tasks into necessary trips. For example, if you have to make an appearance in probate court, that also might be a good time to meet with the realtor and appraiser, or oversee necessary home repairs before the sale.
Transportation – If an executor does not live in the same place as the decedent whose estate he is administering, the executor can be reimbursed for transportation expenses when attending to the necessary business of serving as executor. This, unfortunately, is where things get tricky.
Costs as a beneficiary – It is often the case that an executor is also a beneficiary. Even if you are not a beneficiary, you can share this advice if someone asks to be reimbursed for expenses as a beneficiary. The best rule of thumb is to draw a line between your duties as an executor and your role as beneficiary.
Death certificates – Death certificates are necessary for an executor to do her job. Therefore, the estate should pay for these. Taxes – This one might seem obvious, but the estate is responsible for paying its own taxes. Those taxes include income taxes, property taxes, estate taxes, etc.