Why You Need An Estate Law Attorney

People spend most of their time trying to improve their lives and to ensure that that their loved ones will have comfortable lives once they pass on. When someone passes on, one of the issues that have to be attended to is the distribution of the deceased’s estate or assets. In order for the process to go smoothly, professional knowledge in that field is required. An Estate Law Attorney is a licensed professional whose main responsibility is to help Executors and Beneficiaries of an estate with the distribution of the assets.

An estate lawyer is also referred to as a probate lawyer. It is the duty of the attorney to make sure that the personal representative or the Executor performs all his duties in accordance with the law. The Executor is normally appointed by the deceased in his or her Will. In the event that the deceased did not leave a valid Will, an Executor will be appointed by the court with the consent of the beneficiaries and family members. The lawyer will take the Executor through every step of the probate process.

The way the probate process will go will be determined by the laws of the state where the deceased resided when he passed on and any other state where the deceased or decedent had real estate. A layman cannot be expected to have the know how regarding these laws. It therefore makes sense to seek the services offered by an Estate Law Attorney. Another factor that will determine how the probate process will go is whether the decedent dies testate or intestate. A person dies testate when he or she had a valid Will and intestate if she did not leave a valid Will.

The lawyer must therefore be knowledgeable in the laws where he or she is licensed to practice as well as the probate laws of the state where the decedent resided before passing on. It can also happen that during the process, a Beneficiary might not agree with the Executor or they might not get along well. In such instances, the attorney can be hired to offer legal advice either to the Beneficiary or the Executor.

It is not uncommon to come across disputes that arise when it comes to the distribution of an estate, in particular when the decedent died intestate. That is why people are always encouraged to ensure that they draft a valid Will with the assistance of an attorney. That way, disputes will not arise; and even if they do, if you leave a valid Will, it is your intention and will that the law will follow.

If you as the Executor hire an Estate Law Attorney, the attorney will assist you with finding probate and non probate assets. It is also the duty of the lawyer to assist you with the drafting and filing of requisite documentation with the probate court on time. The lawyer will also help you with the collection of life insurance proceeds as well as keeping a check on the estate checking account.