How Is A Probate Lawyer Different From An Estate Lawyer?
There are a lot of lawyers out there who can help with different cases and situations. Here is everything you need to know about a probate lawyer PG County and an estate lawyer.
You might have heard of probate planning processes a lot, and the lawyers who help you through this process are people known as probate lawyers. But who exactly are they?
Well, a probate attorney is someone you can refer to, when someone passes away and you need someone to initiate and lead an estate. The estate is the will or plan, made by the person who is the owner of the assets. Probate lawyers are someone you can seek out when you’re trying to figure out what the owner of the estate has left for you.
In What Capacity Does A Probate Lawyer Works?
There are different capacities in which probate lawyers can work. If the estate or will is pretty self-explanatory, then there might be no need for interference, and the probate lawyer can help you in managing facts and figures and give you helpful legal advice, as to how you should proceed. In other cases, however, a probate lawyer can take more charge in a situation.
The involvement of the lawyer depends on your situation and how much administration you need. Most of the time, wills and estates aren’t as straightforward as people assume them to be, and you’re going to need a lot more help than just words of advice.
There are also cases where the beneficiaries aren’t able to proceed with the will or estate because someone is holding the terms back, so the job of the probate lawyer is to work with the executor or the main person handling the estate after the owner’s death to ensure that the beneficiaries or heirs get their due share as mentioned in the will of the asset owner.
Will Or No Will, They Can Help
Usually, there is or isn’t a will when handling the estate planning process and that solely depends on the person who owns the assets and how they want the people who are left behind to proceed with the assets. Wills can make the probate process a bit lengthier. Depending the nature of the will, the terms in it, and who’s appointed as the executor of the estate, a probate lawyer will help to negotiate the terms and work with the executor to find the best possible solution for you.
Probate lawyers also handle a lot of the paperwork side of things, which includes:
- Getting information from the local court on how to get started with the estate process.
- Lodging the will in the court.
- Getting all of the necessary documents in one place.
- Ensuring that the owner of the assets has no debt, payment, or dues that are to be paid.
- Double-check whether the assets are of the same value, as mentioned in the will or not.
- Helping to negotiate any payments that are due.
- Clearing off all of the taxes.
- Taking a look at other intangible assets, like insurance policies, bonds, etc.
When Happens When There’s No Will?
Not all of the cases probate lawyers deal with will be the same. There are some cases in which there is no will. In this case, the owner is declared to be “intestate”.
There are laws in every state of the country, by which the assets can be divided accordingly, but the problem with this process is that it might be against the wishes of the owner, but since they didn’t make a will, they’re not able to make any changes.
A probate lawyer, in this case, can be helpful because you, as a client, don’t know about the laws and are unknowledgeable about how things are going to proceed. So, a probate lawyer will help you navigate through this process.
If you are the owner of some assets, and you’re making end-of-life arrangements, then you’re going to have your family in mind and how they’re going to sustain and live after your death. So, a will or a trust is a good way to leave assets behind with concrete information and steps on how to proceed with the division of the assets.
In What Capacity Does An Estate Lawyer Works?
If you’re looking for a way to make a will and don’t know where to start, then a wills and trust attorney Upper Marlboro will help you out a lot. An estate lawyer is someone who can help a client with how to make a will, trust, proceeding with the selections of executors, decision-makers, etc. An estate lawyer will assess your situation and give you the best possible solution as to how you should make a will, what your wishes are, and how you want everything to be carried out after your death.
If you’re going to select an estate lawyer, then you’re going to go for a will. A will is a great way to leave behind a set of instructions as to how your family can proceed with the division of assets after your death.
The Main Difference Between An Estate Lawyer And A Probate Lawyer
A lot of people can get confused when differentiating between estate and probate attorneys. An estate lawyer is someone who makes the will of the owner with the owner on the premises because they’re the main driving force of this process, whereas a probate lawyer is someone beneficiaries and heirs can reach out to for the division of assets after the owner has passed away.
In essence, an estate lawyer is a person who can document the owner’s wishes and how they want the assets to be divided.
Wills And Trusts
Estate lawyers don’t only work on wills, they can also advise you on making trusts, documentation for minor beneficiaries, and other important paperwork. They will do all of the heavy lifting, while you convey your thoughts and how you want the will to proceed.
When Do You Need An Estate Lawyer?
The gist of an estate planning process is that you have to meet an estate lawyer while you’re still able to make decisions soundly and you’re not in the state of incapacitation. You can communicate your wishes about the division of assets and how you want things to flow after your death so that your family and loved ones are taken care of.
You can also get help from the lawyer in paying off debts or helping your close friends, in the financial sense. You are the main person who is driving the estate planning process, along with an estate lawyer.
An estate lawyer is a helpful person because you may not be not as knowledgeable about things as the lawyer, so it’s a good thing to seek out legal help. Also, an estate lawyer can make necessary documents for action, in case you become incapable of making decisions because of a medical disorder or old age. So, all of these things need to be sorted out when you, as an owner, are in good health and capable of making credible and important financial decisions.
A probate and estate lawyer are two completely different things and they can be referred to, when certain situations arise. Now you know exactly what each lawyer does. And an estate attorney can also act as a probate attorney Largo.