What Is a Probate Lawyer and Why Do You Need One in Chandler?
Are you asking yourself the important question: What is a probate lawyer and do I really need one? Read on and learn more.
Only 33% of people in 2021 have a will or another type of estate planning document. But even if you have a will, does that mean you don't have to go through Probate? What is a probate lawyer and how do you know if you need one?
And if you do have to go through probate, how do you decide if you need a probate lawyer?
Have you lost a loved one and have questions about probate? Do you want to know what a probate attorney is and why you need one? If so, read on to learn more.
When a person dies without transferring their property to someone else, the property is then owned by the estate. When this happens, a court approved transfer must take place.
Probate is the formal process that deals with this transfer. Probate can be long and time-consuming. It can also get expensive and stressful if there are issues among the beneficiaries.
Before things get tough, it might be better to call a probate attorney.
What Is a Probate Lawyer?
A probate lawyer is someone who specializes in helping beneficiaries get through probate.
They get hired to help settle the estate. Probate lawyers can represent a beneficiary, a personal representative, or the estate itself. Sometimes if the executor and the beneficiaries are not in agreement you may have more than one attorney representing the different people involved.
Probate lawyers can help with a variety of tasks, including:
- Determining and collecting life insurance policy;
- Determining and paying inheritance taxes;
- Paying estate income taxes;
- Identifying all estate assets;
- Distributing and settling the estate;
- Opening/managing estate checking accounts;
- Determining and paying all debts and final bills;
- Prepare/file probate court documents;
- Retitling assets to beneficiaries;
So, what does a probate lawyer cost? Well, it depends. They might charge by the hour or a flat fee. You also want to look out for additional probate lawyer fees. At Citadel Law Firm we charge an initial flat fee to file the probate and get the executor appointed, from there we charge hourly. Proactive clients that do a lot pay less. Clients that want us to handle everything will usually pay more.
When Do You Need a Probate Lawyer?
Now that you know what a probate lawyer is, when is it time to call them? The simple answer is yes. Having a professional handle the estate from the beginning will save you time and headache. It will also help keep your family together. You should also consider the questions below.
Do They Have a Will or Trust?
Probate is not a function of having a Will, even if a Will exists a probate still may be necessary. The asses owned by the state will trigger probate or not. Trusts don't have to go through probate, assuming that the Trust has been properly funded.
How Complicated Is the Estate?
Is the estate complicated? If so, the better it will be to have an attorney that you are comfortable with to help you get through probate.
Are There Difficulties Among Family Members?
Losing a loved one is hard enough. When there are difficulties between family members, things can get messy.
If a family member is threatening to sue for the estate having a lawyer handle it may make things easier for all involved. Estate dispute can be complicated, expensive and time consuming.
What Are State Laws Like?
Every state is different. In the state of Arizona, there are specific instances that you don't have to go through probate. If you're still unsure, consider contacting an expert. We offer free consultations, you can schedule a free consultation by clicking here or by calling (480) 565-8020.
Consider Calling Us Today
We know that losing a loved one is hard. That's why, if you're struggling to deal with probate, ask yourself what is a probate lawyer, and can they help?
If you're in the Chandler area and need help with probate, contact Citadel Law Firm today!
Get your questions answered, and feel better about going through probate. We will be pleased to help you.