Do You Need A Probate Attorney?
Probate is the process that will occur after someone dies. If you have a loved one that has passed and they have a last will and testament, you may need to go through probate to determine the validity of their will. This is the legal process that includes appraising their property, paying off debts and taxes, identifying inventory and property, and making sure the will is valid. Many people decide to hire a lawyer to make sure everything is legal.
What does the probate attorney do?
The first thing to know about a probate attorney, such as Edward G. Foster, is exactly what they do and why you need one. The main function of a probate attorney is to go through the person's last will and testament and be sure it is valid. If family members are getting along and already spoke to their loved one before they died about how the property and assets were being dispersed, this might not be an issue. For others, there are grievances about what was in the will, and a probate attorney steps in to help sort out other details.
The attorney must be aware of the state's probate laws, because they can vary by state. They will typically only deal with the beneficiary that the deceased person put in their will. However, some probate attorneys specialize in representing the person's personal representative instead of their beneficiary. The attorney will look through the details of the will and determine if it was written legally and that the person was of sound mind and judgment.
How does the probate process work?
The probate attorney will assist the beneficiary or personal representative for the person that has passed. The attorney contacts whoever handled the writing of the will and testament, and locates the person's beneficiary or personal representative.
They will look at the probate and non-probate assets, get the death values and appraisals of their property, and file all necessary probate documents with the local court. The attorney may also be responsible for collecting life insurance proceeds, rolling over IRAs and other retirement accounts, and advising the person's descendants on what to do with their debts and bills that are still owed. This is all part of the probate process.
Some of the other things you might deal with when a probate attorney is involved is figuring out the inheritance or state taxes, looking at their estate checking account, and settling any disputes between relatives.
Do you need a probate attorney?
Not everyone is in need of a probate attorney, but there are certain situations that warrant it. If the following are true, you should consider hiring a lawyer:
- There are inconsistencies with the wording of the will and testament
- There is a complicated tax or debt situation
- There are disputed claims, such as between a spouse and the children of the deceased
- There is unfinished business, such as contracts that were not complete
- A large amount of money or property was left to a minor without a guardian appointed to them
Consult a probate attorney if you are still not sure about how to handle the dispersion of property and assets.
