Understanding the Vital Responsibilities of a Probate Lawyer

Posted on: 28 November 2023

Probate is a critical legal process that occurs after the death of an individual. The probate process can be complex, especially for those who have not gone through it before. That's why it's essential to have the right probate lawyer to guide you through this difficult time. A probate lawyer's primary responsibility is to provide legal assistance to clients during the probate process. They ensure that the client's interests are protected and that everything goes smoothly. This blog post will explore the vital responsibilities of a probate lawyer.

Asset Valuation

The first responsibility of a probate lawyer is to assess and value the deceased's assets. This process involves working with an appraiser to evaluate the value of all assets, such as real estate, stocks, and personal property. The lawyer must ensure that all assets are accounted for and that their distribution goes according to the deceased's wishes. The value of the assets determines the estate's value and the estate taxes that will be due.

Debt Payment

A probate lawyer is also responsible for settling the deceased's debts. This involves identifying and notifying creditors, ensuring that debts are paid promptly, and resolving any disputes that may arise. The lawyer must ensure that the estate has sufficient funds to cover all debts and that any remaining assets are distributed according to the deceased's wishes.

Will Execution

A probate lawyer plays a vital role in executing the deceased's will. This involves ensuring that the will is valid, identifying the beneficiaries, and ensuring that all beneficiaries receive their rightful share of the estate without any disputes. The lawyer will represent the client in court if the will is contested.

Accounting and Reporting

After the assets have been distributed, a probate lawyer is responsible for accounting for the estate's activities. This includes filing tax returns, accounting for all estate transactions, and providing an income and expense report. The lawyer must ensure that all accounting and reporting comply with state laws and that all beneficiaries receive a copy of the report.

Handling Disputes

A probate lawyer is also responsible for managing disputes that may arise during the probate process. This involves mediating conflicts and ensuring that all parties are treated fairly. The lawyer must ensure that disputes are resolved promptly and that all beneficiaries receive their fair share of the estate.

The probate process is complex, and it can be challenging to navigate without the help of a skilled probate lawyer. The right probate lawyer will not only provide legal assistance but they will also offer emotional support during this difficult time. If you are going through the probate process, hiring a trustworthy and experienced probate lawyer is critical to help you through every step of the way. Contact a probate attorney near you to learn more.


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