why would i need a probate lawyer

There are several important reasons why you might want to hire a probate attorney to help you if you are the Executor of an estate, including:

• Navigating an unfamiliar legal system is challenging. Most people are unfamiliar with the legal system in general. Even...
• You may need to understand complex laws. Probating an estate requires at least a rudimentary understanding...

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What are the main duties of a probate attorney?

Feb 05, 2021 · What is a Probate Lawyer/Attorney and Why Do I Need One: Key Takeaways A probate lawyer guides the executors of an estate through the probate process. A probate lawyer might provide helpful assistance to the executor on more complex matters that relate to closing an... Bigger and more complex ...

What exactly does a probate lawyer do?

A probate attorney is a state-licensed lawyer who can help the Executor of a Will (if one was appointed) or the beneficiaries of an estate get through probate as they work to settle an estate. Their services could typically include everything from finding and inventorying assets of the estate, to understanding and paying all the debts the estate may have, to distributing and …

Will you need to hire a probate lawyer?

Nov 12, 2020 · Okay, maybe we went a little overboard with the NOW, but you do need a probate lawyer—sooner better than later. One day you will need your estates, assets, and other particulars to be sorted out.. Imagine not taking the right step at the right time for your posthumous affairs and all potential candidates end up fighting among themselves.

How much do lawyers charge for probate?

Jul 22, 2020 · Simply, a probate attorney ensures appropriate handling of estate beneficiaries, creditors, and taxes. In all cases, property must be handled per New York Probate Law. It doesn’t matter whether a person died with or without a Will. Usually, this means going to court. A probate attorney can be valuable to different parties for different reasons.

What is Probate?

Probate is the judicial process of administering the estate of a person who has passed away. This process results in a deceased person’s assets to be properly identified, valued, and redistributed to his beneficiaries.

The Role of a Probate Attorney

A probate lawyer is a state-licensed attorney who helps the beneficiaries with the distribution of an estate and settling the affairs of the decedent. He may also help with the estate planning such as drafting of wills or giving advice on powers of attorney.

Do you Need a Probate Lawyer?

Not every probate requires hiring an attorney. You can avoid hiring a probate lawyer in the following circumstances:

5 Reasons for Hiring a Probate Lawyer

The following are our top five reasons why you need to hire a probate lawyer.

Reach Out to Us

Lacey Lyons is a leading law firm in Brevard County, committed to providing exceptional probate services. We ensure that the whole process is carried out in a timely and efficient manner. Contact us today to schedule a consultation.

What are the duties of a probate lawyer?

What are the duties of the probate lawyer? When there is a last will and testament, a probate lawyer might be hired to assist the executor of the estate with legal questions or complex tasks . The probate lawyer can be assigned any tasks related to probating the estate, including: Handling a will contest if one arises;

Why do executors need a probate lawyer?

A small estate often has a simple probate process, while bigger estates require more work in finding beneficiaries, securing assets, contacting creditors, paying taxes and making the final distribution. Therefore, these are the main reasons that executors will choose to hire a probate lawyer for the probate process.

What happens if there is no last will and testament?

If there was no last will and testament, the deceased is said to have died intestate, and the probate process is handled according to the intestacy laws and the probate court. Many of the same steps required in the probate of an estate with a will are taken. But the deceased’s estate will be distributed as directed in the state’s intestacy laws as ...

What is the job of a testator?

Collecting and managing the testator’s, also known as the deceased’s, life insurance proceeds; Having the estate appraised; Finding and securing all of the testator’s assets; Advising the executor on how to pay the testator’s bills and settle debts ; Preparing and filing documents required by the probate court ;

What is probate in a will?

Probate is the legal process that ensures your debts are paid and legal title of your assets is transferred to the appropriate heirs and beneficiaries. If you have a will, the probate process determines whether the will is authentic and valid. The complexity of probate varies, based on the composition of the estate and the state or local probate ...

Can there be more than one will?

There potentially is more than one will. The executor is unfamiliar with the probate process and wants help to avoid mistakes. The deceased’s estate is large and complex. The probate process in the state or locality is long or complex. Accounting for the estate is complicated.

Can an estate be probated without an attorney?

The complexity of probate varies, based on the composition of the estate and the state or local probate laws. Many estates can be probated without the help of an attorney, while an attorney is helpful for other estates.

What is a Probate Attorney

A probate attorney is a state-licensed lawyer who can help the Executor of a Will (if one was appointed) or the beneficiaries of an estate get through probate as they work to settle an estate.

What Does a Probate Attorney Do?

Also known as a probate lawyer, probate attorneys are hired to help settle an estate. After the death of a loved one, their Estate Plan dictates the next steps. If they have a Will, probate will be necessary. Trusts won’t go through probate, which can sometimes make the process a bit less complicated and much more private.

Do I Need a Lawyer for Probate?

Whether or not you need a probate lawyer will depend on multiple factors and scenarios. You’ll want to consider things like:

Questions to Ask a Probate Attorney

If you do end up using a probate attorney, there are a few things you should know before retaining one. Asking questions up front will ensure there are no (costly) surprises along the way. Use the following list to help you find an attorney who will be the right fit for your exact needs.

What Does a New York Probate Attorney Do?

Simply, a probate attorney ensures appropriate handling of estate beneficiaries, creditors, and taxes. In all cases, property must be handled per New York Probate Law. It doesn’t matter whether a person died with or without a Will. Usually, this means going to court.

Can I Handle Probate Myself?

Most lawyers will not tell you this because they want your business. But, you do not actually need a probate attorney for small and simple estates.

How to probate an estate?

If you’re managing an estate like these, you don’t need to hire a probate attorney: 1 The estate is simple, with common assets like property (a house), bank accounts, investments, etc 2 The estate is a small estate that is eligible for simplified probate procedures. Click here to find out more about probating a small estate. 3 All the interested parties agree on the basic points — that the will is valid, who the executor will be, or if there is no will, who the administrator will be and how assets should be managed and distributed 4 The estate has enough assets to pay its debts 5 The estate isn’t going to owe estate taxes (either state or federal). Most estates that are large enough to owe federal estate tax would be complex enough to benefit from an attorney, but some states have relatively low estate tax exemptions. 6 Probate isn’t required because all assets are being transferred automatically, through joint ownership, payable on death accounts, or living trusts. Check out our article on which assets go through probate.

What is probate in a will?

Probate is a fancy word for the process of proving the validity of a will. A probate judge reviews the will, appoints the executor, and oversees the payment of debts and distribution of assets in accordance with the terms of the will.

What does it mean when an estate is insolvent?

The estate is insolvent, meaning it doesn’t have enough assets to cover its debts and taxes. The estate is being contested. The estate is being probated in a state that requires an attorney by law — Florida, Texas, Missouri, and Mississippi.

What are the steps of probate?

Whether a valid will exists or doesn’t exist, the basic steps of the probate process are the same: Petition the court to become the legal representative (executor or administrator) Notify heirs and creditors of the opening of an estate. Change legal ownership of assets from the deceased to the estate. Pay funeral expenses, taxes, and debts.

Does an estate have to pay taxes?

The estate has enough assets to pay its debts. The estate isn’t going to owe estate taxes (either state or federal). Most estates that are large enough to owe federal estate tax would be complex enough to benefit from an attorney, but some states have relatively low estate tax exemptions.

Do estates require an attorney?

As you can see, the majority of estates don’t require an attorney. While hiring an attorney could provide some peace of mind that the probate process is being handled appropriately, that’s some expensive security. And there are other ways to make sure you’re on the right track.

What is the first step to take when you wind up an estate?

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 ...

Can you wrap up an estate alone?

(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.

Can assets be transferred without probate?

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.

Is probate a UPC?

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.

Why do you have to go to probate court?

There really are only five reasons why you'd have to go to probate court to either make your claim on the deceased's assets or to prove that you are a legal beneficiary. If any one of the following applies to you or to the deceased, then you might want to consult a probate attorney. 1. Probate court is necessary if the will is deemed invalid ...

Why is probate court necessary?

Probate court is necessary if the will is deemed invalid for one of these reasons: Improper Execution – it wasn't written clearly or it was not a legal will. Mental Incompetence – the deceased was not mentally competent when he or she made up the will so their decisions are questioned.

What happens if you don't have a will?

2. Probate is required if the deceased didn't have a Last Will and Testament. If there is no will, then there has to be a legal and equitable probate court process for distributing the deceased assets and for transferring the title of probate property. The only way to do this is with probate. 3.

What happens if all the beneficiaries of a trust pass away?

But if all the named beneficiaries have passed away or if the deceased didn't name beneficiaries, then probate is required to transfer the money or title to the beneficiaries.

When is probate required?

Probate is required if the assets were owned as a Tenant in Common or Joint Tenancy. What this means if the deceased owned property jointly with another person, such as in the case of a common law marriage, then probate is required to ensure that the deceased's share of the property is properly distributed to legal heirs.

Can you probate a deceased person's assets?

Assets eligible for probate varies from state to state, country to country . You have to check for specific probate laws or with a probate lawyer in your region to determine if the deceased's assets were significant enough to warrant a probate .