Now when a person who has properties and estates to his name passes away, those estates will have to be properly distributed among the family or whoever is named by the person or the decent. This whole process of working with paperwork, transferring the property is called a Probate. For those of you who have gone through a probate process you will know how tedious and annoying this thing can get, more so if the property is contested. But in the part of the family, they won’t have to worry about handling all the work themselves. The decedent will name an executor or a representative to do so.
Now this representative is the person who will handle the probate process and take care of the work for the beneficiaries. This person can be one of the beneficiaries, he can be a close family friend, or anyone the decedent names that he deems capable of handling such a task. However, there are time when even the representative becomes too overwhelmed and not know where to go and what to do when caught in certain situations. It is in situations like this when the representative or executor will want to have an Estate Lawyer or a probate lawyer by his side.
When an estate lawyer or a probate lawyer is first brought in, he will first examine the process taking into account the laws so that he will know what to do and how to guide the executor. This is due to the fact that the probate laws may vary from state to state so one must understand and learn about the law in the area to be able to get through the probate. Once the lawyer is properly briefed and has a good idea of the case, he can then proceed to advice and guide the representative or executor. So how does the lawyer advise the executor? Let’s take a further look into that.
During the beginning of the process, the executor must be able to properly get an inventory of the properties of the decedent. Here, the lawyer may step in and help to look for and secure the assets of the person be it included or not in the probate process as there are named probate assets and non probate assets. Once the property has been located and secured, the lawyer may assist the executor and along with the court, have these properties appraised and get the date of death values of the assets.
As mentioned, there is a lot of paperwork to deal with during a probate process. Thankfully, the lawyer will be there to help you prepare these documents and make sure that they are sent to the court within the proper time period. Once the right papers are filed, the lawyer can then proceed to go to the insurance company and collect the proceeds so that these may be given to the beneficiaries.
An Estate Lawyer is very helpful which is why if ever you find yourself in a probate, you should call for one.