What a Probate Attorney Can Do

A probate lawyer handles a host of issues, including administration of the last will of the client or the family. A legal professional with experience handling probate matters also provides guidance on the probate process. Although not always necessary, probate lawyers can also help with execution of the will and testaments. The probate process involves distributing assets of the deceased. Where a person dies leaving behind a will, the probate process isn’t difficult compared when no will has been left to the family members. The court is charged with overseeing the entire process to make certain that the wishes of the deceased are respected.

A probate attorney is a legal representative with a responsible of executing the will or trust. He or she represents the heirs of the deceased in court. They court process can be hectic and long, but the lawyer knows all the requirements to speed up the legal process. They will help you file all the required motions and pleadings in a timely manner. Where a will or trust is contested in court, a probate lawyer can make arguments and fight to receive the best outcome on behalf of the clients. They will also answer any crucial questions that regarding the validity of the will to avoid the court dismissing it.

Ordinarily, a deceased party names the attorney to act as the executor of the estate and handle estate planning. In this case, the attorney manages the entire process of distributing the assets. This may include transfer of the ownership rights from the decedent, moving the items to legally read the names of the person named as the inheritor.

In the event the deceased named a probate lawyer as the executor of the will, the law states that the attorney be paid a fee for the work he or he does to ensure a successful distribution of assets. The fee varies from state to state, and may be flat rate, or may be calculated as the percentage of the assets. However, this fee does not include the fees paid to prepare the will. Ethical rules dictate that the attorney should not be partisan or a beneficiary of the estate. Rather, a Reno probate lawyer should represent the interests and the wishes of the client.