why would you need a probate lawyer

Here’s a list of some of the reasons why you should hire a probate lawyer:

1. They Protect Your Family’s Rights Did you know? Missing out on the tiniest detail during your will/estate plans can cause a lot of discomfort for your family. ...
2. They Look Over Your Estate Plans What if you don’t have a family? ...
3. They Won’t Let Your Family Face Lawsuits It’s an open-secret that lawsuits are ugly and emotionally exhausting. ...

More items...

Full Answer

What are the main duties of a probate attorney?

• Important Facts About This Occupation
• Education and Skills. If you're a prospective estate lawyer, you typically must attend law school to earn your Juris Doctor degree, and then pass your state's bar exam.
• Salary Information and Job Outlook. As of March 2021, Payscale.com reported that estate planning attorneys made a median annual wage of $78,000.

What exactly does a probate lawyer do?

Some of the jobs they might take care of including the following:

• Appraising the property of the person who passed away
• Securing all that person's assets
• Finding out how much (if any) estate taxes are owed
• Handling the proceeds from life insurance
• Filling out any necessary documents

Will you need to hire a probate lawyer?

You are not required by law to hire a probate lawyer, but it may be in your best interest to do so since the probate process can get complicated. Whether or not you decide to hire an attorney will depend on the specifics of the case and what is included in the probate estate.

How much do lawyers charge for probate?

Lawyers usually use one of three methods to charge for probate work: by the hour, a flat fee, or a percentage of the value of the estate assets. Your lawyer may let you pick how you pay—for example, $250/hour or a $1,500 flat fee for handling a routine probate case. Many probate lawyers bill clients by the hour.

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.

Why You Need a Probate Attorney

It may be tempting to think you can handle your estate without consulting with an experienced Florida probate lawyer. A respected probate attorney can help the testator prepare the right legal documents to save on taxes, minimize attacks against your will, and maximize the amount you have available for your family and loved ones.

How an experienced probate attorney helps the testator

Many assets don’t need to pass through probate. There are tax advantages to avoiding probate. Avoiding probate administration of assets can save on time and expenses. Probate planning can help the people you love to obtain the assets you want them to have. Good probate planning can also help avoid claims by creditors.

How a probate attorney helps the executor

The Florida probate lawyer will help defend any claims that the will is invalid. He’ll then work with the executor to administer the estate.

How a probate attorney helps if there is no will

If the decedent did not write a will, then the estate property is distributed according to the Florida intestate laws. An experienced probate attorney explains these laws. He also works to help clients file for approval as an administrator/personal representative of the estate.

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.

What is probate court appraisal?

Before assets can be properly distributed to beneficiaries, probate court will require an appraisal be done on the decedent’s property. Since it is likely the executor or administrator will have little idea as to the value of real estate and other assets associated with the estate, this appraisal will also be important in terms of paying estate taxes, since the taxes owed will need to be based on an accurate determination of the property’s value.

What happens to an estate when someone dies?

Whenever a person dies, it is likely they left behind various unpaid debts. Whether these are medical bills, credit card debt, mortgages, or other bills and debts, these will almost always need to be paid out of proceeds from the estate. However, since it will take a period of time before an estate is properly settled, it may be necessary to work out arrangements with creditors. While you may be able to do this yourself as the estate’s executor or administrator, having a skilled probate attorney working on your behalf will make the task much easier. By having your attorney negotiate payment arrangements with creditors, this can usually give you the time needed to get the estate settled and gain access to the funds required to pay off bills and debts.

Why is an appraisal important?

Since it is likely the executor or administrator will have little idea as to the value of real estate and other assets associated with the estate, this appraisal will also be important in terms of paying estate taxes, since the taxes owed will need to be based on an accurate determination of the property’s value.

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 does a probate attorney do?

A probate attorney mainly gives legal advice regarding the estate administration. The attorney's role will differ based on whether the deceased had a will or if they died intestate (without a will). Some of the things an attorney can help you with include: Transferring real estate and other assets to beneficiaries.

How long does probate take?

If there are issues with the will. If there are taxes and debts that need to be paid. Depending on how complicated the case is, the probate process may take anywhere from a few years to decades.

What happens if you die without a will?

However, if the person died without a will ( intestate ), the state's intestate succession laws will be applied. If there is a will, the person who passed away will usually have named a specific person as an executor. This person is in charge of managing the decedent's affairs.

Does an estate have to go through probate?

Whether or not an estate has to go through probate depends on the laws of the state. Some states, for instance, have simplified procedures to transfer property if the estate doesn't have enough money or if the estate's worth is under a certain amount.

Is probate easy?

Navigating through probate is not an easy task. It requires you to know your state's specific probate rules and procedures. If you are an executor or are somehow involved in a probate process, speak to an experienced attorney near you to get proper legal advice. You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help.

Why do you need a probate lawyer?

Most importantly, however, hiring a probate lawyer will help you focus on what really matters, which is mourning your loved one who passed away and being with family and friends.

Why don't I want to hire a probate lawyer?

Don't focus on the price too much. You don't want to hire the cheapest probate lawyer you can find simply because they're the cheapest. Remember, you get what you pay for. Investing more money into a lawyer that has the right experience is well worth the cost.

How many years of experience do probate lawyers have?

Any probate lawyer you work with should have at least several years of experience. If your case is complicated, you should also make sure they have worked in similar circumstances. This way you know they can handle any problems that come up along the way.

What to do if someone passes away with life insurance?

Handling the proceeds from life insurance. Filling out any necessary documents. If the person who passed away had any debt or bills they failed to pay, a probate lawyer will also advise the executor of will on the best way to handle these issues.

What happens when a person passes away?

When a person passes away, they leave behind a number of assets, such as their personal belongings, a home, money, etc. Most people appoint an executor of will to be in charge of disbursing these assets to any other beneficiaries. This process can often be complicated and confusing.

Can I get through probate on my own?

The specific process of probate varies depending on the sate. Some states have a simple probate process, so you may be able to get through it on your own . However, in most cases, it's better to hire a probate lawyer. Since they know the probate laws inside and out, a lawyer will be able to guide you through the steps quickly and efficiently.

Can a probate lawyer help with an estate?

For cases like these, you can hire a probate lawyer to help the administrator of the estate (which is kind of like the executor of will) through the process. They may still be able to perform all the same jobs, but they may be limited by ...