Estate settlement and estate planning are important parts of planning for the future and the security of one’s near and dear ones. These are part of an individual’s last will and testament. And in the preparation of all these, the role of a probate lawyer is important who are generally experts in executing the last will and testament of an individual as per his or her wishes. To help with estate administration duties, it is important to record and draft legal papers through the court and for this, the estate executors have full independence to hire lawyers who are experts in these documentation processes. There are generally two kinds of probate lawyers and they are probate litigators or transactional litigators. It is typically the transactional lawyers that handle duties which are related to the estate. On the other hand, when the heirs challenge the will or there are family disputes regarding the same the probate litigators are responsible for looking into the matter and coming up with an agreeable solution.
Transactional lawyers are sought out when there is a need for submitting the death certificate and the last will and testament. If there is no will and there is confusion regarding the last wishes of the deceased, generally the estate settlement lawyers are required by the transactional attorneys to assist in the estate settlement procedures. There are some common estate duties like obtaining affidavits for real estate transfers; sending creditor notification letters; filing final tax returns, and drafting ‘consent to transfer’ forms for financial accounts. If and when the heirs contest the will or if there are any lawsuits regarding the same then probate litigators are hired to defend the estate during the probate process. When it comes to the distribution of assets or properties and mediating the disagreements or disputes that might arise in the process the probate litigators can come in handy to solve all of it in an amicable manner. There are even some probate lawyers who have the skills and the qualifications of handling both the litigation and transactional cases. But it is always wise to check out at least three or more attorneys when someone is thinking of seeking the services of an attorney. There is no point in hiring the first one that comes along if ultimately he or she is not suited to do the duties which are best suited for the interests of the estate.
When a near one expires the whole family goes into mourning and it is a difficult time for them to say the least. It becomes a torture to think about estate planning and settlement when one is going through the process of grieving. Therefore, it is wise to seek the assistance of the estate lawyer who was involved in executing the will of the departed soul. But, it is also important that the estate settlement lawyer has the necessary attitude and personality for the proper administration of the estate. It is a sensitive matter and therefore the lawyer should be empathetic and should understand the dimensions of the family relationships so that the process is handled in a compassionate and gentle way, or otherwise the entire settlement process becomes a harassing experience. By engaging in estate planning strategies previous to death, individuals can avoid probate and all the disputes that result when there is no will and testament. It is a complex matter, to say the least when it comes to handing over the ownership of assets and properties and therefore all the documentation should be done in a proper manner so that there are no gaps while they are required to be filed at the court of law. Hence while appointing a lawyer many factors should be considered and then only the right attorney should be employed who can do justice to their roles.
Source by Leon Grant
