The Role of a Probate Lawyer
A probate lawyer is referred to as an estate lawyer and is involved in many different ways depending upon the circumstances of the estate. The primary involvement of probate lawyers will usually be in wills, but may also be involved in certain asset distribution situations. If a person dies intestate (without a will), probate will determine the beneficiaries of the deceased's property and any debts or unpaid balances. In some cases, probate can also deal with the settlement of any personal claims that the person may have.
Wills are prepared and signed by the person who has died and states what is owned and who is entitled to the decedent's estate and debts. Most wills contain a provision that requires that the probate lawyer deal with all debts that arise out of the decedents' estate. This includes money owed to friends or family and the outstanding debts of the decedent. Any property that is worth more than the value of whatever is left after the deceased person's debts are repaid is distributed as part of the deceased person's estate. For example, if the decedent had many cars, he or she might leave them to his or her family.
Probate attorneys must be licensed by the state in which they practice, and they must take and complete all of the forms and paperwork properly and completely. Some states allow for the automatic inclusion of probate attorney's fees into the proceeds of a will, while other states have very specific guidelines regarding the payment of legal fees. The general rule is that lawyers should charge their clients based on the percentage of their winnings and not based on the actual value of their estates. Some states, like Florida, allow a probate lawyer to charge a flat fee or an hourly fee.
There are two types of people who might benefit from using a probate lawyer to handle their estates: those who have little to pass on to their heirs and those who have little to pass on to their executors. Many individuals have estates with many beneficiaries and little to nothing to pass on to their executors. In these cases, a probate lawyer can help the executor in filling out the required legal forms and paperwork so that the beneficiaries of the estate can obtain their inheritances. If the will explicitly provides that the executor has the responsibility to distribute the inheritance, then the probate attorney can help the executor find ways to help pass the savings to the heirs.
However, in the case of the many individuals who simply want to leave their inheritance to their family members, the probate lawyer will simply be paid a flat fee. Most attorneys will agree to a reasonable hourly rate, and this rate typically includes the cost of travel and any other administrative expenses that may be incurred during the case. Some will also work on a contingency basis, which means that they only receive a percentage of the total inheritance when the case is settled. Because most of these lawyers work on a contingency basis, their rates do not typically vary much from place to place. A person interested in obtaining the services of a probate attorney may want to spend some time searching for an attorney who charges a lower hourly rate or may even provide a no-cost consultation.
Although the vast majority of executors follow the instructions of their state law, some simply ignore them. For this reason, it is important for an individual who wishes to hire a probate lawyer to carefully research their prospective lawyer and to ask any relevant questions that they may have. If an executor is unable to appear at the probate court, then the individual needs to make sure that their lawyer has a reliable arrangement with the court in which they will appear. Finding an attorney who follows state law closely will ensure that the person's wishes are properly carried out.
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