A probate lawyer is a state licensed attorney who works with the executors and the beneficiaries of an estate to settle the affairs of the decedent. In some instances, probate can be avoided if all the decedent’s assets have been placed in a trust. A trust can ensure a smooth transfer of property outside of court and legal proceedings. Is a probate lawyer the same as an estate attorney?A probate lawyer is also known as an estate attorney and will be involved in different ways depending on the particular circumstances of that estate. Their involvement will depend on the value of the decedent’s assets and whether or not they had a last will and testament at the time they passed away. In cases where no will exists, beneficiaries file claims and sue for what they believe they are entitled to. In situations where there is a will, challenges may arise as to the validity of the will, also leading to possible litigation. What does a probate lawyer do?Specifically, here are some of the common tasks a probate lawyer may assist an executor and beneficiaries with during The Probate Process: Hiring a Probate Lawyer: With a WillThe process will likely go smoother when the decedent has drafted a will prior to his or her death. If an individual dies with a will, a probate lawyer may be hired to advise parties such as the executor of the estate or a beneficiary on various legal matters. For instance, an attorney may review the will to ensure the will wasn’t signed or written under duress (or against the best interests of the individual). Elderly people with dementia, for example, may be vulnerable to undue influence by individuals who want a cut of the estate. There are numerous reasons that wills may be challenged, although most wills go through probate without a problem. Additionally, a probate attorney may be responsible for performing any of the following tasks when advising an executor: • Collecting and managing life insurance proceeds; Hiring a Probate Lawyer: Without a WillIf you die without having written and signed a will, you are said to have died “intestate.” When this happens, your estate is distributed according to the intestacy laws of the state where the property resides, regardless of your wishes. For instance, the surviving spouse receives all of your intestate property under many states’ intestate laws. However, intestacy laws vary widely from state to state. In these situations, a probate lawyer may be hired to assist the administrator of the estate (similar to the executor) and the assets will be distributed according to state law. A probate lawyer may help with some of the tasks listed above but is bound by state intestacy laws, regardless of the decedent’s wishes or the family members’ needs. A relative who wants to be the estate’s administrator must first secure what are called “renunciations” from the decedent’s other relatives. A renunciation is a legal statement renouncing one’s right to administer the estate. A probate attorney can help secure and file these statements with probate court, and then assist the administrator with The Probate Process (managing the estate check-book, determining estate taxes, securing assets, etc.). Personal Representatives in Testate EstatesA “testate” estate is one that has a valid last will and testament. A will should — and usually does — name the individual the decedent would like to serve as his personal representative or executor. Courts almost invariably honor the decedent’s wishes if the person he named is still alive and is otherwise able to serve. Why wouldn’t the person named as personal representative in the last will and testament legally be allowed to serve? This can happen if he doesn’t meet all the criteria under the state’s law. He might have been convicted of a crime, or he’s suffered some mental decline that would prevent him from meeting his duties. Maybe he’s not yet legally of age. Minors and convicted felons typically can’t serve as personal representatives, nor can banks or trust companies that don’t have fiduciary powers in the state where probate is taking place. Some states have more specific rules. For example, a person can’t serve as a personal representative in Florida unless he is related to the decedent by blood or marriage, or, if he’s not, he is a Utah resident. When Beneficiaries Object to a Personal RepresentativeBeneficiaries or heirs can contest a will and object to the personal representative the decedent named in his will. This usually results in a full-blown trial where the beneficiaries and others can present evidence and testimony to convince the judge to overturn the provisions of the will or to honor them. Courts usually prefer to honor the decedent’s wishes whenever possible. When a will is contested over who has been named as personal representative, the judge will make the ultimate decision as to who will serve — the personal representative named in the will or perhaps another party nominated by the beneficiaries, or someone else entirely that the judge selects. These rules and laws can vary from state to state. What holds true in Utah might not be the case in New Hampshire. If you’re planning your will and you’re unsure about the person you want to name, check with a local attorney. Personal Representatives in Intestate EstatesIf the decedent didn’t have a last will and testament, the intestacy laws of the state where he lived at the time of death take over. The court will determine who has priority to serve as personal representative in this case, and the position is often called the “administrator” of the estate. It’s usually the surviving spouse, but if she is unwilling or unable to take on the responsibility, a surviving child or children may be appointed. The judge will work down a list of kin until someone appropriate can be appointed, maybe a surviving parent, sibling, niece or nephew, or someone steps forward to request the job. Typically, if the decedent’s heirs-at-law — those entitled to inherit from him without a will — can agree on who should serve, the probate judge will simply appoint that person. But if the heirs-at-law don’t agree, the probate judge will make the decision based on state rules and statutes How to probate a will without an attorneyThe Probate Process • Change legal ownership of assets: This may be the most straightforward part. With the court appointment, you will now be able to change assets owned by deceased to the “estate of…” Finding the Attorney Who’s a Good Fit for YouFinding a local attorney who is experienced and competent when it comes to handling a probate court proceeding may not be the hardest part of finding the right lawyer. Most probate cases aren’t complicated; they require careful attention to detail, but you don’t need a courtroom star. Most probates consist almost entirely of routine paperwork. And if you are interviewing lawyers who were personally recommended to you by friends or other local professionals, they’re probably competent. Having a successful working relationship with a lawyer, however, takes more than legal knowledge. So pay attention to how clearly the lawyer explains the process, how well the lawyer listens to your concerns, and how respectful the lawyer is. Make sure you’re signing up with someone who: Local Probate Lawyer Free ConsultationWhen you need legal help from a local probate lawyer in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
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Different Types Of Liability In A Restaurant Or Bar Does The Utah Anti Deficiency Law Protect Me? via Michael Anderson https://www.ascentlawfirm.com/local-probate-lawyer/
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About MeHave a strong interest in donating wieners for farmers. Have some experience investing in cod in Bethesda, MD. Spent the better part of the 90's deploying Roombas in the aftermarket. Spent a weekend creating marketing channels for jungle gyms for no pay. Spent 2002-2009 building robots in the aftermarket. Spent 2001-2005 supervising the production of salsa in Libya. Archives
April 2023
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