What is a Probate Lawyer?

Probate Lawyer

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What exactly is a Probate Lawyer? Generally speaking, probate attorneys, also known as estate or trust attorneys, assist executors of an estate (i.e., administrators “if there isn’t a will”) handle the probate proceedings. They may also assist in estate planning, including drafting living trusts or wills, giving legal advice, or serving as an administrator or executor. An appointment to one of these offices can be made by a court or by a person nominated by the person who has died. Sometimes there are questions about who should be appointed. For example, if the executor and the executrix are the same people, the Court may appoint the executor to act for the deceased person’s interests under the testator’s instructions.

What Probate Lawyer Does

This article aims to provide the general public with the concept of what a probate lawyer Orem Utah does. I have tried to cover the basic idea behind the role, including the applicable state laws. I hope that this article has provided you with the basic information that you need to determine if a probate lawyer might be right for you, depending on your situation.

Qualified Probate Lawyer

When a person dies, they generally appoint a person to act as an administrator or an executor. The appointed individual will generally select an attorney to make sure the process goes as smoothly as possible. In some situations, where the personal representative cannot find a qualified probate lawyer to serve as administrator or executor, the Court may appoint someone else to administer the deceased individuals’ affairs. The same is true if the individual died a non-natural death, such as due to suicide.

Probate Court Fundamentals

The job of a probate lawyer is to review the decedent’s will, identify any assets owned and/or property owned by the decedent, and review any debts owned by the decedent and negotiate with anyone who may be responsible for payment of those debts. The will be created when a person dies, and the courts then confirm its contents. The probate court then appoints an administrator or an individual or a corporation to handle the decedent’s affairs until the probate court assigns an overseer. Generally speaking, must pay off all of the decedent’s debts before a settlement can be made. In other words, the last living trust should be satisfied. Additionally, the probate court can order anyone responsible for paying the decedent’s estate taxes to return any unpaid taxes within a specified time.

Special Considerations

Because probate law is so involved, only a very experienced attorney should be involved in a situation. There are several types of probate law, including personal, business, and foreclosure, insurance, commercial, property, and bankruptcy. Each one has its own set of special considerations. In addition, some special factors are unique to each type of case. Because must carefully consider so many facts, it would be unwise to hire a probate law firm with no experience in the area.

The first step that a probate lawyer will take is to contact all of the beneficiaries. This includes information about any death benefits or life insurance paid out to the decedent. They will also ask the executor about any money owed to the decedent and ask that any outstanding debts be paid in full. Once this information is gathered, the attorney will begin to contact each creditor. At this point, the goal is to collect on all debts or make a reasonable attempt to do so.

Court’s Permission

After collecting the debt, the next step will be to do what is called discovery. This is where the probate lawyer will gather additional information about the decedent. Documents will need to be obtained from the estate, bank, and other financial records. This is not mandatory; however, if it is a necessary part of the discovery process, it must be done with the Court’s permission. Once the discovery is complete, the probate lawyer will ask for a meeting with the individual responsible for paying off any debts. This meeting is often done outside of Court but can be requested in Court if the parties involved wish to discuss a settlement.

Final Words:

Finally, the personal representative will make an appointment with the executor of the decedent’s estate. Under Texas law, the executor is required to pay a portion of any judgment against the deceased. If the executor fails to pay, the Court appoints a probate lawyer to negotiate with the parties to develop a payment plan. Many probate lawyers have a handful of experience with this type of case, and it is possible to settle out of CourtCourt if it is not a very complex issue.

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