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How a Probate Lawyer Can Help You

Posted by BritneyW on August 23rd, 2013

If you are already done with your last will & testament, the next thing you need to do is to find and hire a probate lawyer. This professional will help you by administering your last will & testament. He or she will also guide the heirs throughout the probate procedure inside the court. A probate attorney can act as a will executor yet it is not often required.

The probate procedure is a process wherein the assets and properties are provided to heirs when somebody wrote a will previously before his or her death. If you die with your will, your properties will be granted to those people whom you want to possess your assets. As you are the one who wrote the will, you have to name an executor who will be there to handle the assets distribution process after your death.

When you die, the probate procedure will start. This process is the time when the properties will be distributed based on what is written in your last will & testament. The law court oversees this particular process to make sure that all your desires will be carried out.

A probate lawyer represents the will executor including the heirs inside the court. Your lawyer will assist the legal procedure involving the filing of any required pleadings and motions. He or she will also need to start arguments to the court once your last will & testament is contested. This action must be taken as well if the court came up with some questions concerning the will’s validity.

Usually, a probate lawyer is named as the real estate executor when it comes to a decedent last will & testament. If this is your case, your lawyer will be responsible in managing the actual distribution of your assets. The process may involve helping the heirs to change the property’s title. He or she will also help your heirs in moving the assets into their names.

When you name your probate attorney as the will executor, he or she will be paid with a nominal charge fee for overseeing the asset distribution process. The charge could be flat based on the real estate percentage. The charge to be paid to your lawyer for acting as a will executor will be separate from the fee to pay for will preparation.

If you are thinking of giving any of your properties to your probate lawyer, you must learn that it is not permitted by law. It only means that you cannot name your lawyer in your last will and that person will never have a chance to inherit any of your properties. The ethical rules included it to make sure that interest conflicts will be prevented.

Your probate lawyer has the responsibility to represent your desires and wishes. If you are a decedent, then he or she needs to represent your wishes as the decedent. Whether your property is an estate or money, you are always free to hire a probate lawyer to make easy the entire probate process.


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