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Attorney Jorge L. Gonzalez

What Exactly Does a Probate Lawyer Do?

On Behalf of | Dec 16, 2019 | probate attorney

A probate lawyer is a state-licensed attorney whose job is to advise personal representatives. They are also called executors, and function as the beneficiaries of an estate on how to settle the final affairs of a deceased person. Most of the time, a probate lawyer (who is also called an estate lawyer or an estate attorney), is responsible for walking a personal representative through the whole probate process from beginning to end. If you wondering exactly what does a probate lawyer do, read on to learn more and have your questions answered. Call the Law Offices of Jorge L. Gonzalez, P.A. in Hialeah, FL for your probate lawyer needs today!

What They Do

All of the steps that are involved in probating an estate will depend on the probate laws where the decedent resided at the time of death, as well as any other states where the decedent might have owned property. The steps necessitated for settling an estate will differ depending on whether the decedent died testate- with a valid last will and testament- or intestate, without leaving a valid will or other estate plan. A probate lawyer will be experienced in dealing with both of these situations. A probate lawyer is also able to be hired in order to advise beneficiaries of an estate on legal and other matters presented by the personal representative throughout the course of the probate process. This may be required when the beneficiary is unable to get along with or  trust the personal representative. Certain probate lawyers specialize in separate lawsuits which are part of the estate of the decedent. This may occur if a beneficiary challenges the validity of the decedent’s last will and testament through what is called a will contest. These sorts of attorneys are referred to as estate litigators, probate litigators, or estate and trust litigators.

What Does A Probate Lawyer Do And Why You May Need One

The probate lawyer’s job is to advise and assist with four main areas of responsibility when representing the personal representative of an estate. They may help with locating and securing both probate assets and non-probate assets, and figuring out date-of-death values by appraisal, if needed. A probate lawyer will also advise on the payment of the decedent’s final bills and outstanding debts, and will also need to prepare and file all related documents needed by the court. The executor needs to keep track of the estate’s checking account, and the attorney oversees this process in addition to determining if any estate taxes or inheritance taxes will be due at the federal or state levels. The attorney will help to settle disputes that come up between the personal representative and the estate’s beneficiaries. It is also the attorney’s responsibility to ask for court permission with regards to various actions as state law dictates, including the sale of property.

Contact Us Today

You may be wondering- exactly what does a probate lawyer do? Now that your questions are answered, you may be in a situation where you may need a probate lawyer. Call Law Offices of Jorge L. Gonzalez, P.A. in Hialeah, FL for your consultation today!