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Probate Attorney Basic Information And Responsibilities

Probate is a judicial process where the will is proven in court and is accepted as the valid document which is the real last testament of a deceased person. Granting this is step that should be first done in the legal process on administering the estate from the deceased. This also resolves all claims and distributes the property of that individual under a will.

This determines if the will is legally valid and approves it for the assigned executor, after being approved by this, which they can use when necessary. The probate attorney will help the personal representative through this process and advise them on the ways in settling the final affairs of the decedent. They should be licensed lawyers with continuing legal education and experience.

They would be really helpful in processing all these things left by the decedent legally so there would be no questions with them. Different states have their own laws about this procedure so having them is beneficial for you when you were assigned as the executor. So they should know these laws from different places to serve you better.

Steps required for this varies also on where the person died and if in testate, meaning with last will and testament that is valid, or intestate, which means without a valid one. Not only they should know these various differing laws but must also be licensed in those states. This will allow them to practice their profession in these places without problem.

They may be hired too by the beneficiaries, or the individuals who will be receiving the properties or assets from the decedent. This is usually done when they have questions about the legal matters presented to them by the executor. They do this due to them not knowing the personal representative very well or does not completely trust them.

They might specialize also in representing the beneficiaries and personal representatives when they get involved in lawsuits related to the estate of the deceased. Another is when the beneficiary questions the validity by a will contest of the last will and testament. These kinds of attorneys are called trust litigators, probate litigators or estate litigators.

They assist the executor in several ways such as how in locating then securing the assets from the deceased, either probate or not. They help prepare and file all documents the court requires within the proper schedule and get the values and appraisals of properties the decedent had. Another is to collect proceeds from life insurance.

Advising the executor on how the outstanding debts and final bills would be paid and in keeping track the checking account of estate. They also determine if the taxes for estate and inheritance are due in the state and federal level and figure out where to get the money for paying them. This also include addressing any issue of income tax.

They assist as well in selling the estate property or retitling it to the names of its beneficiaries. Requesting permission from the court to do various required actions by probate laws. And in distributing the remaining assets after all payments were done.

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Henry A. Alvarado

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