who is a probate lawyer

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.

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What are the main duties of a probate attorney?

May 08, 2020 · 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.

Who should have a probate lawyer?

Mar 15, 2022 · A probate lawyer is also known as a trust lawyer. These are lawyers who help the executors of an estate to manage the probate process, especially if there is no will. A probate lawyer can also assist with the drafting of the last will and testament or setting up a trust.

What is a probate lawyer and what do they do?

An attorney in a probate is hired by a particular person, usually the personal representative. Ethically the attorney may not give advice to other people, including heirs who are to inherit under the will, and may not disclose confidential matters.

What is probate and do I need an attorney?

Not every attorney who can devise a will is equipped to handle probate administration or litigation. You will need to hire a lawyer who is familiar with the distinctive procedures in probate court. Ideally, you should hire a lawyer who has substantial experience assisting people in situations similar to yours.

Should the Estate Attorney Talk to Non-Clients?

An attorney in a probate is hired by a particular person, usually the personal representative. Ethically the attorney may not give advice to other people, including heirs who are to inherit under the will, and may not disclose confidential matters.

Discounts On Nevada Uncontested Probate

We offer substantial discounts from statutory attorneys fees in all Nevada uncontested probates and for uncontested California probates over $400,000.

What fees are included in probate?

A probate proceeding may involve additional costs, such as filing fees, publication fees, and recording fees.

What is justia lawyer?

The Justia Lawyer Directory is designed to simplify the process of researching, comparing, and contacting attorneys in your city, county, or state who fit your legal needs. Start exploring our listings of probate lawyers near you today.

Why is client review important?

Client reviews can be helpful even if the details of your case are different from a previous client’s case. However, beware of very brief reviews that are harshly negative or effusively positive without providing details.

Is Google a good place to start?

A basic Google search can be a good place to start, but this should be only a first step. Google searches will lead to a wide range of results, including many paid listings that do not necessarily reflect the skill of a lawyer or their aptitude for your case.

Do you need an attorney for probate?

While not every probate proceeding requires an attorney, certain situations may benefit from legal guidance. These may include situations in which substantial or unusual assets are passing through probate, family relationships are strained, the estate may be subject to estate tax, or probate laws in your state are complex.

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What is probate in a will?

distributing the remaining property as the will (or state law, if there's no will) directs. Typically, probate involves paperwork and court appearances by lawyers.

How does probate work after death?

Probate usually works like this: After your death, the person you named in your will as executor—or, if you die without a will, the person appointed by a judge—files papers in the local probate court. The executor proves the validity of your will and presents the court with lists of your property, your debts, and who is to inherit what you've left.

What is Matthew Harris Law?

Matthew Harris Law PLLC is a law firm in Lubbock that oversees the distribution of estates in the aftermath of a loved one's death. The firm handles estate planning, helping clients name godparents, determine the length of life support and final resting place, and appoint medical guardians. Attorneys have experience working with cases involving guardianships of incapacitated persons and updating wills. The brokerage also practices business law and civil litigation.

What is Underwood Law Firm?

Underwood Law Firm PC has been offering legal representation to people in Lubbock since 1912. The firm's estate planning and probate practice group focuses on managing the transfer of family assets through tax-motivated planning. Attorneys handle litigation involving fiduciaries, such as corporate and personal trustees, guardians, and estate representatives. Underwood also assists clients with asset preservation, post-marital agreements, and court-created trusts. Other areas of practice include renewable energy and public finance.

Who is Sean Green?

Green Law PL LC is the legal practice of Sean Green, a Lubbock-based attorney who handles estate planning and probate-related legal matters. Mr. Green has managed his own firm since 2011, helping clients through the process of changing the title of property owned by the decedent. He handles dependent and independent administration, as well as a muniment of title services. Green Law's other practice areas include personal injury and business formation.

Who is Kacey Stevens?

Kacey Stevens Attorney at Law is an attorney firm in Lubbock that handles probate cases. The firm's attorneys assist with a wide range of probate matters, including filing documents with Texas probate courts, opening and closing bank accounts, collecting debts owed to the estate, transferring assets to estates, estate liquidation, assembling assets, and locating estate beneficiaries. Attorney Kacey Stevens has over 20 years of legal experience, and she is a member of the American Bar Association's Real Property, Trust, and Estate Law Section.

Who is Cole Shooter?

Cole Shooter of Shooter Law PLLC is an estate planning attorney near Lubbock who provides legal support for clients in probate and family law matters. Practice areas include wills, trusts, probate, and estate disposition. Attorney Shooter handles all areas of estate administration, and he assists parties with estate planning matters such as drafting powers of attorney and obtaining HIPAA release forms. In addition to probate law, the firm's practice areas include elder care and business legal management.

Who is Tempie Hutton?

Tempie Hutton of Tempie Hutton Law Office serves as an estate planning attorney in Lubbock. Ms. Hutton has been practicing law for over 20 years. Her services include probate and estate planning. She assists clients in the process of filing applications to probate and accounting for annual income. Ms. Hutton offers legal counsel in several practice areas, such as divorce, prenuptial and postnuptial agreements, child support, visitation rights, and most aspects of family law.

Who is Lee Franks?

Lee Franks of Franks & Pleasant is a probate attorney in Lubbock who assists parties with distribution of undesignated assets following the passing of loved ones. Attorney Franks advises clients on independent versus dependent estate administration, and he represents parties in probate court and during all administrative hearings. In addition to probate, the law firm's practice areas include guardianship in the state of Texas, estate planning including drafting of wills and trusts, and Medicaid planning.

Who is Ward Law?

The firm also works to close estates, distribute estate assets, and settle with creditors. Ward Law is headed by Frank Ward , who has more than 14 years of legal experience in North Alabama, including in the area of DUI defense.

What is McCartha Law Firm?

The McCartha Law Firm, LLC, offers a host of legal services to clients in the Huntsville area. Its main areas of practice include probate, estate administration, wills, trusts, and nonprofits. The law firm works with its clients in creating a plan to protect their interests and guides them through the probate process. The law firm also discusses the probate process with its clients to facilitate the transfer of the estate to their beneficiaries when they pass away.

What is New Beginnings Family Law?

New Beginnings Family Law is available to those who need probate attorneys in Huntsville to handle matters of succession and property transfer. It spearheads efforts to settle financial matters, such as outstanding debts, tax obligations, and interconnected business interests, so that heirs can receive whatever is left of the estate and divide those assets according to what's been outlined in the will or trust, or by the law if one doesn't exist.

What is Robertson Law?

Robertson Law is active throughout the Huntsville metro area and works with clients to handle legal challenges involved in the probate process. It typically files appropriate paperwork on behalf of clients to initiate the process and follows directives of the will by accounting for property and dividing it as intended by available documents. The firm also deals with legal conflicts between heirs, who may disagree about the intentions of the will. General estate planning services are also available.

Who is Hawkins Law Firm?

The Hawkins Law Firm offers the services of a probate attorney in Huntsville to represent clients as they administer the final concerns of estates. The firm deals with all of the responsibilities necessary to complete the intentions of a will or trust, initiating the filing process through proper legal channels and working to account for assets so that they can be distributed as intended. It also deals with outside parties, such as creditors, who may claim stake in estates.

What is turning point legal?

Turning Point Legal PC is a law firm serving clients throughout the Huntsville metro area. It assists with the probate process so that matters of the estate can be finalized and debts and tax obligations can be settled. The firm typically works to carry out instructions left in the will or trust to make sure that assets are given to the correct parties as intended. It also has a lot of experience with complicated trust administration challenges specifically.

What does Wilmer and Lee PA do?

Wilmer & Lee PA represents executors in probate cases as they pursue legal resolutions to conflicts involving the execution of living wills. It oversees assets and ensures that they are dispensed to appropriate parties, while also handling the financial obligations of the estate such as debts and outstanding taxes. In some cases the firm mediates disagreements between heirs and defends the estate from third parties when claims to assets are made by creditors. Estate planning services are available.

What is the first step in probate?

Whether you are the Executor or an heir of the probate estate, knowing the lawyer’s role is one of the first steps you should take at the beginning of the probate process. One of the biggest sources of conflict in probating the estate is understanding the role of the lawyer hired by the Executor of a probate estate.

What are fiduciary duties?

Also, before answering the question, it is helpful to have an idea of some common activities created by fiduciary duties in the context of probating an estate: 1 Duty to communicate: a duty to notify the beneficiaries the estate exists, identify the Executor, provide a copy of the inventory, provide copies of court filings, generally explain documents that require a beneficiary’s signature, etc. This duty to communicate is not the same thing as an attorney-client relationship, which means there is no attorney-client privilege and the attorney cannot give legal advice. 2 Duty to account: provide regular estate accountings, which includes explaining funds paid out of estate accounts for expenses. 3 Duty to treat all beneficiaries equal: distribute estate funds at the same time, if a question arises as to how something in the Will is to be interpreted the attorney cannot interpret it, the court must interpret it.

What is the duty to communicate?

Duty to communicate: a duty to notify the beneficiaries the estate exists, identify the Executor, provide a copy of the inventory, provide copies of court filings, generally explain documents that require a beneficiary’s signature, etc. This duty to communicate is not the same thing as an attorney-client relationship, ...

Do lawyers have fiduciary duties?

Only a few states require the lawyer to meet the same fiduciary duty to the estate heirs as the Executor. These states believe that since the Executor owes a fiduciary duty to the heirs and the lawyer owes a fiduciary duty to the Executor, the duty flows from the Executor to the lawyer. Most states, however, take the position ...