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Posted on 07/28/2021 in Lifestyle

Role of lawyers in probate procedures

Role of lawyers in probate procedures

When any person passes away, his assets must be disbursed in a manner consistent with state laws and following the directions they put forth when he was alive, as stated in his will. A Probate Law Firm West Palm Beach guides the executor of will or beneficiaries of an estate through the probate process.  A probate attorney is a state licensed professional who works with the executors and the beneficiaries of an estate to settle the affairs of the decedent. In many of the instances, probate can be avoided if all the decedent’s assets have been placed in a trust. A trust can ensure a fine transfer of property outside of court and other legal proceedings involved.

A probate attorney is also known as an estate attorney and will be involved in different ways depending on the particular conditions of that estate. Their involvement will depend on the value of the decedent’s assets and whether or not they prepared a last testament at the time they passed away from the real world. In many of the where no will exists, beneficiaries file claims and sue for what they accept they are entitled to. In situations where there exists a will, challenges may arise as to the validity of the will and testament, that often leads to possible litigation.

Specifically, we have enlisted some of the common tasks a Probate Law Firm West Palm Beach may assist an executor and beneficiaries with during the probate process:

  1. Collecting proceeds from life insurance agents considering policies
  2. Identifying existing estate assets
  3. acquiring appraisals for the decedent’s real property
  4. Assisting in the bill payment
  5. Preparing and filing all documents required by the court of probate
  6. examining if any estate or inheritance taxes are due, and ensuring those debts are satisfied
  7. Resolving income tax problems
  8. Managing the estate checking account
  9. Transferring of assets in the decedent’s name to the appropriate beneficiaries
  10. Making a final disbursement of assets to beneficiaries after all bills and taxes have been cleared off.

When an individual dies with his will, Probate Law Firm West Palm Beach may be consulted to advise parties like the executor of the estate or a beneficiary, on various rising matters. An attorney here reviews the will to check on the will wasn't signed or written under duress. There are numerous other reasons that wills may be challenged, although most of the wills go through probate without a problem.


Posted by Tim Scott
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