When it comes to handling estate matters, the advice typically given to executors is to consider enlisting the services of a probate lawyer. Executors must make a decision during the estate settlement process whether they need legal assistance from knowledgeable attorneys familiar with state laws and well-versed in probate proceedings.
However, not all executors are required to delegate probate proceedings to lawyers or hire them for limited guidance. In simpler terms, if the estate being managed does not contain unique assets and is not of significant size, hiring a probate lawyer may not be necessary.
The Role of a Probate Lawyer in Estate Planning
Estate planning and the assistance of a probate lawyer are closely intertwined. While a Will is a crucial document in the estate planning process, a more comprehensive strategy is needed to safeguard your assets after your passing.
Estate planning involves more than just executing a Will. It also includes other steps such as establishing power of attorney, advance directives, and medical power of attorney.
For complex estates, placing assets into a trust to avoid state and federal estate taxes becomes necessary. A trust can also provide control over how beneficiaries utilize the deceased’s assets or invest them.
Here, the services of a probate attorney are essential as they are well-versed in state laws governing trusts and can advise clients on creating estate plans that best suit their needs.
Additional Assistance from a Probate Lawyer in Estate Planning
While it is possible to navigate several estate planning steps without a lawyer, seeking advice from a probate lawyer when drafting your Will is crucial to avoid unforeseen consequences.
Failure to consult with a lawyer on estate matters can lead to unfavorable outcomes, impacting both you and your loved ones. Consulting with a lawyer ensures that the fruits of your life’s work remain secure even after your passing.
The Importance of Legal Assistance in the Probate Process
In the absence of estate planning, avoiding the probate process becomes challenging. In such cases, seeking the help of a probate lawyer is crucial. Probate is a complex and stressful procedure involving court appointments, legal terms and regulations, and extensive paperwork.
Dealing with estate settlement matters post a loved one’s passing can be overwhelming for the uninitiated. Probate is a time-consuming process lasting from eight to twelve months, and a single mistake in the paperwork can cause delays in asset distribution.
Therefore, hiring a probate lawyer is essential to navigate the probate process efficiently and ensure timely asset distribution.
Advantages of Engaging an Experienced Lawyer
Engaging a probate lawyer eliminates the hassle of searching for documents and attending court proceedings. Your lawyer will handle all aspects of the process on your behalf, ensuring a smooth estate settlement.
Here are some of the services provided by a probate lawyer during the estate planning process:
- Assisting the estate executor in locating all assets of the deceased, including probatable and non-probatable assets.
- Obtaining proper appraisals and values for estate properties and assets.
- Assisting with the sale of estate properties.
- Filing court requests for necessary actions as per state probate laws.
- Managing asset distribution after settling the deceased’s outstanding debts.
While estate planning can proceed without a probate lawyer, hiring one ensures meticulous and careful handling of the process.
