Going by the traditional advice for the estate executors, it is usually very important for them to get the services of a probate lawyer. Estate executors need to decide while trying to wind up an estate, that they require legal help from experienced lawyers who know the state laws and are well aware of the probate proceedings.
Nevertheless, it is not necessary for all the executors to turn the probate proceedings over to lawyers or even hire one for restricted suggestions. In other words, it is not necessary to hire a probate lawyer if the estate being handled does not consist of exclusive assets and is not very large as well.
Estate Planning and the Help of a Probate Lawyer
Estate planning and the services of a probate lawyer go hand in hand. While Will is a document that plays an important role in the estate planning process, you will require a more extensive plan for protecting your assets once you are no more.
The estate planning procedure does not just entail the execution of the Will. There are other procedures or steps also involved, which include the power of attorney, advance directive, and medical power of attorney.
For complex estates, it becomes necessary to place properties into trust for avoiding the state and federal estate taxes. A trust can also help in controlling how the beneficiaries spend the decedent’s assets or invest the same.
The services of a probate attorney become crucial here because the professionals know the state laws governing trusts, and hence they can advise their clients on creating estate plans that best suit their requirements.
Other Ways a Probate Lawyer Can Help During the Estate Planning Procedure
Well, it is absolutely possible to go through a number of steps of estate planning without taking the help of a lawyer. For instance, you might not consider going for the advice of a probate lawyer when writing your testament or Will. But then the consequences of this might be uncontrollable.
You might come across inadequate results, causing problems both for you and even for your near and dear ones. So, it is important that you consult with a lawyer regarding estate problems. This ensures that the fruits of the work of your entire life remain secure even when you pass away.
The help of a Lawyer is Crucial During the Probate Procedure
In case there is no estate planning in place, the probate procedure is hard to avoid. In such circumstances, it becomes important to consider the help of a probate lawyer. Probate is a stressful and complicated procedure. It requires several court appointments, understanding of all law-related terms and regulations, and filling out of detailed applications and forms.
Truly speaking, this entire process can be a major nightmare for the uninitiated. And the last thing an individual might want after the death of a loved one is dealing with matters of estate settlement. This whole responsibility is an important one but way too much for untrained people.
Probate is a lengthy and time-consuming process taking anywhere from eight to twelve months to finish off. It is also important to note that one single mistake in the papers filed can delay the court proceedings. This further means a delay in asset distribution. Hence, it becomes important to hire the services of a probate lawyer.
Benefits of Hiring an Experienced and Knowledgeable Lawyer
First of all, hiring a probate lawyer means getting easy riddance from the hassle of moving from one place to another in the lookout of proper documents and their reviews. In fact, you can completely skip the court proceedings by hiring the right attorney. Your lawyer will handle everything on your behalf.
Let’s have a look at the services provided by a probate lawyer during the estate planning procedure:
- The lawyer assists and advises the estate executor in locating all the assets of the deceased. It includes all probatable and non-probatable assets.
- Proper appraisals and values for the estate properties and assets can be obtained with the help of the professional.
- The lawyers even help with the estate property sale.
- They can place requests for court permissions for different actions required by the applicable state probate regulations and laws.
- The professionals also help with the management of the asset distribution procedure after all the outstanding debts of the deceased have been paid off.
Of course, the whole estate planning process can happen without a probate lawyer. But it is wise to hire one. This way, you can do everything with care and precision.
