What Does a Probate Lawyer and an Estate Administrator Do?

What is a Probate Lawyer? A probate lawyer is a state-licensed lawyer who works only with the beneficiaries and the executors of an estate to administer the deceased person's affairs. In certain cases, probate may be avoided if all of the decedent's assets were placed into a Trust. Some states however still require that probate be involved when the person of the deceased has minor children or other dependents.

Once the assets are in the care of a probate lawyer, they will review the Will. If the Will does not specify that the probate lawyer should handle the estate, he/she will work with the other members of the estate to make sure that everything is handled as it should be. After this, they will execute the Deed. If there is any disagreement about what should happen to the deceased party's property or affairs, the attorneys for each side will sit together and work out a plan. The attorneys also may decide to hire a financial advisor to help them come up with a good plan.

When the probate lawyer receives all of the assets from the estate, they will pay a fee to the estate, usually a percentage of the value of what is being sold. At this point, the remaining balance is held by the attorneys. This allows both to go on with their jobs, which includes making sure all debts are paid and that the taxes on the estate are paid. If anything should occur where there is money remaining after paying off debts and taxes, the court will order the distribution of that money to the heirs.

Once everything is settled, the probate lawyer will file all final paperwork with the court. This paperwork is used to show everyone exactly what is happening with the estate. If any debts were remaining from the decedent's life, they will be listed here. Also, if there was some type of trust fund used, the will list that can now be used to pay off debts and distribute the remaining funds. Check out also Advance Health Care Directive for additional insights.

Some people believe that using an estate attorney to handle probate is somehow wrong. They feel that it gives the family too much control over the situation. However, an estate lawyer helps only those who need it the most. If the heirs do not need anything from the estate and do not require a lot of money, a probate lawyer can help them get everything they need, but they cannot do anything that the general law allows.

For many people, the job of a probate lawyer and an estate administrator is the same. There are some exceptions, such as when the probate lawyer acts in the probate case or when the estate administrator does something before the probate lawyer. In this case, the two professionals may work separately. When the situation calls for it, the attorney can represent the decedents and the estate administrator can act as the appointed official for the estate. This can ensure that the probate process runs smoothly and efficiently.

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