Generally speaking, probate attorneys, also known as estate or trust attorneys, assist administrators of estates (or executors) of estates (or decedents) in managing the probate process. They also can offer legal advice, provide guidance on estate planning, create living trusts or wills, or serve as an administrator or executor. They perform tasks such as collecting debts, settling taxes, organizing and preparing personal properties, and making sure that all decedents’ debts and estate assets are paid. They can also grant Last Will and Testament and fill in probate forms. They are often appointed by the court.
The majority of probate lawyers work on a contingency basis, which means they receive a percentage of all monies received from the estate. This means that if no claims are granted against the decedent’s estate during the time period that the probate lawyer works on the case, the lawyer receives no compensation. Some estate planning situations can be complex and time-consuming; it is not uncommon for some decedents to have substantial debts and assets that must be settled. It is also common for probate lawyers to be paid an hourly wage, rather than paid on a commission or salary basis.
An experienced probate lawyer can help the client to settle the estates of their decedents, by negotiating with the lenders, settling debts, and carrying out other tasks necessary to carry out the wishes of the deceased. In some cases, the attorney can petition the court to allow the decedent’s will to be respected so that all debts and property assets of the decedent can be distributed as the decedent’s last will and testament. Another option probate lawyer can take is to assign a specific probate lawyer to act on behalf of all beneficiaries of the decedent’s estate. This means that the probate lawyer obtains an exclusive and legally binding contract with the individual beneficiary. In this contract, the lawyer agrees to take care of and handle all matters pertaining to the decedent’s properties, including any probate concerns that may arise in the future.
Many people who die without having created any will actually leave their property and debts to their loved ones or trustors. Probate lawyers will then serve the heir or beneficiaries with notices and requests for payment. Depending on the state where the decedent resided, probate process may begin immediately after the death, or it may continue for up to several months. If probate is begun after death, the process is known as estate probate.
Once the probate process begins, the estate agent serves the beneficiaries with notices of decedent’s death and prepares any financial documents that are needed to distribute the decedent’s estate. Then, the probate attorney makes a will. Wills are prepared by both the decedent’s attorney and the estate lawyer. The will is filed with the court, and the will is then sealed and stored for approval by the probate court. Once approved, the will is opened and served to any beneficiaries who are named in the will.
The most important aspect of the entire probate process is that it must be conducted quickly and efficiently. While there are some technical details to the process, anyone desiring to handle probate on their own should contact an experienced probate lawyer like the probate attorney in Miami. An experienced probate lawyer attorney will be knowledgeable about the legal process involved and can assist the client with probate court filings, scheduling appointments with creditors, hiring personal assistants, preparing tax returns, and more. An experienced probate lawyer attorney will work diligently to ensure the best outcomes for their clients, and can offer valuable advice when it comes to the process of probate.