The Ultimate Guide to the Role of Deceased Estate Lawyers

Let’s face it: nobody wants to discuss their demise while taking an evening stroll in the garden. As they say, you cannot take your assets and property when you go, so you must ask someone to take care of your legal assets behind you.

And that someone can be a family member or a friend, known as an executor.

However, an executor cannot just randomly deal with the deceased person’s assets, even if their name is mentioned in the will.

That’s where deceased estate lawyers come in! Their primary role is to help your loved ones deal with the tricky legal stuff so they don’t have to deal with it alone.

In this blog, we will emphasise the vital role that these estate lawyers play in helping your executors take control of the assets.

Let’s get started.

The need for probate Laying the Foundation

Before knowing what a probate lawyer does for you, you must know what a probate process is.

Probate is essentially a procedure that happens after a death. It functions as a legal to-do list to manage their possessions and debts appropriately.

To ensure that everything ends up in the appropriate hands and complies with the law and the person’s wishes, consider organising all the pertinent documents and facts.

A typical example would be if the descendent were the only account holder with money in the bank account. The bank might request a grant of probate before transferring the money to the designated executor.

This is why you need the assistance of someone experienced who can help you manage the deceased person’s estate.

Probate attorneys ensure that the decedent’s wishes are honoured and their assets are distributed according to their wishes or the state’s laws.

Role of Probate and deceased estate lawyers

Here are some roles and responsibilities of estate lawyers:

  1. Assist the executor:

    The primary role of a probate lawyer is to assist the executor in handling everything. When the situation gets tense, the executor may find every factor stressful. In that case, having a professional by their side can give them peace of mind and help them deal with family conflicts efficiently.

  2. Help you save money:

    Hiring a probate lawyer requires fees. However, these expenses are not much when compared to the costs of an unsuccessful estate administration. Any claim made against you (as the executor) or the estate will require additional legal fees, which could increase dramatically if the lawsuit continues.

  3. Helps you avoid rejection from the court:

    If the required paperwork is not submitted along with the attachments, your application for a grant of probate may be denied. As an executor, when you hire a deceased estate lawyer, you can ensure that the court does not reject your application. To prevent rejection, the attorneys will handle all document work and assist you at every stage.

  4. Pay off the debts easily:

    Compile all of the debt details of the deceased; it can take a lot of time and effort. The debts may include funeral expenses, income taxes, personal loans, and creditor money. Nonetheless, paying off debt is much easier when you have a probate lawyer who can assist you in paying off the debts.

  5. Check all the boxes:

    A probate may include over 50 documents, which can be tedious and complicated. As someone inexperienced, you may waste a lot of time dealing with every single page, and maybe more if any pages are left unchecked. Hence, working with a probate lawyer can help you avoid this, as they know exactly what to look for because of their professional background, knowledge, and experience. They can also guide you at each stage of the proceedings.

  6. Additional estate services:

    A probate lawyer’s role may extend beyond the legal probate process. They can also help draft agreements between beneficiaries and executors if they have reached an agreement to amend the contributions made in the will. In addition, a probate lawyer can help draft and modify estate planning documents like wills and trusts, offer tax guidance, and help manage trusts.

 

The Takeaway: We at Jackson & Associates are aware of the challenges you face after a loved one’s death. To help you ensure that the estate is run effectively and legally, our knowledgeable team of estate lawyers can offer guidance throughout the estate administration process.

We can easily handle the intricate legal procedure of requesting letters of administration or probate so that you can concentrate on what counts.

In addition, we are experts in Power of Attorney Lawyers Near Me if that’s what you’re searching for. Please call us at 8278 8566, and you can be sure that we will be very helpful to you.