Probate lawyer is an attorney who deals with will executed by a deceased person. Probate lawyer is the authority to process the will. His duty is to ascertain the value of the will, debts, creditors’’ claim on it, tax dues on the assets of the deceased person. A Probate lawyer’s primary is job is to determine and execute the probate proceedings as per the will to be probated.
Normally a probate lawyer’s work is overseen by the executer of the will or the administrators appointed by the probate court. Probate is a long process unlike any other case. It may prolong for months or years together. Since the probate law varies from state to state in the US, the procedure on probate may also vary accordingly.
Functions of a probate lawyer:
Their job comprises of all legal proceedings in settling a will as per the probate law in a particular state of the US. A will is probated according to the law prevailing in the state where the executer of the will lived. Suppose, the same person had properties in some other states of his origin, another probate has to be carried out separately. In probate, the beneficiaries will not be given the proceeds of the will just like that. They need to undergo certain legal procedures before it is received. A prorate lawyer will undertake a judicial course of action before come to a conclusion on it. The legal heirs of the will have to appear for the probate procedure to determine the hierarchy of the heirship. The probate lawyer has to ascertain and distribute other assets such as insurance proceeds and other investments accordingly. In short, probate proceedings is a not a simple affair and it has to be done fool-proof. So the job responsibilities of a probate lawyer are not just a cake walk at all.
What is the necessity of hiring a probate lawyer?
It is always best to seek the advice and service of a probate lawyer while distributing the proceeds of a will because it will alleviate the problems during disbursement and in future too. As we have discussed, probate is a little complicated in nature, so the service of a probate lawyer is mandatory in handling probate. Further, if you come across any violation of the will, you can contest in the court only with the help of an expert probate lawyer.
A probate lawyer role in a probate is more of an overseer’s one. With his rich experience in probate law cases and in –depth knowledge in probate law, he can have it done leaving no room for any confusion rather confrontation. He can advise the executers or the administrators of the will how to handle this most fragile issue. They are adept at making the beneficiaries understand the consequences of going for a probate law and come to an amicable settlement on it.
In short, in a probate, a lawyer’s role is very important and it is inevitable in most of the probate cases.
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