What is a probate and estate lawyer?
Probate lawyers appoint and represent personal representatives and beneficiaries of the decedent’s estate. They help probate administrators handle and plan the estate process which include drafting of wills or living trusts, or serve as an executor or administrator.
Hiring a Probate Lawyer with and without a will drafted by the decedent...
The probate process will run smoothly when a will created by the decedent is presented. However, the court will first confirm the legitimacy of the will. Here comes the duty of a probate lawyer, because he/she will make sure that every statement written in the will is followed without bias and unlawful acts. A lawyer generally enlightens you and the executor of the estate regarding legal matters and will lead the way of what to do next to attain the best outcome you desire.
What if there’s no last will and testament of the decedent because of a sudden death? Anyhow, all the assets are still distributed following the intestacy laws of the state where the property is located, regardless of the wishes of surviving family members. A probate and estate lawyer annapolis md can still help you ensure that the estate administrator is executing the process accordingly.
You should hire a probate and estate lawyer to:
Locate and secure probate and nonprobate assets
Submit a detailed statement of the debts and assets of your estate
Obtain the date of death values and appraisals of all of the decedent's property
Prepare and file all documents necessary in the probate court
Release public notice of the probate process for any entity with a potential claim may file with the court
Keep track of the estate checking account
Advise and make arrangements to pay all outstanding debts of the estate
Determine if any estate taxes are due at the federal and state levels, then perform necessary actions to settle the matter
Address issues regarding the filing and payment of all estate taxes
Distribute all remaining assets, according to the provisions of the will
Resolve conflicts among Personal Representatives and beneficiaries
Retitle estate of the decedent into the ownership of the beneficiaries
Further Help from a probate lawyer…
Before a decedent’s death, getting a lawyer will save your surviving family from complications by the time your estate is subjected to undergo legal process. Because he/she will help you create your last will and testament, will assist with trust planning, powers of attorney and asset protection.
Probate and estate can be sometimes confusing and complex, that’s why you seriously need an experienced lawyer. A lawyer will stand with you from the beginning of the legal process until the end, making sure to execute your case lawfully.
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