People while alive tend to make some assets of their own that are usually passed down to the next of kin. However, this is normally carried out after the person passes away. It is normally seen that these assets are distributed or disbursed in a manner that is consistent with the laws of different states and also by following the directions that were put forth by the person while he was alive.
These directions would be in the form of a will. When you talk about a probate attorney or lawyer, he is actually the professional in charge of guiding the beneficiaries or executors of a will through the probate process. A probate attorney will also identify different beneficiaries and estate assets that need to be distributed to the beneficiaries.
Who Is A Probate Lawyer?
When you talk about a probate attorney, it refers to a licensed lawyer who primarily works with different executors, as well as, the different beneficiaries or a property or estate in order to settle the various affairs of the decedent. There are some situations wherein probate can easily be avoided if the entire asset of a decedent have been placed in some trust. Such a trust can make sure that the transfer process of the assets is smooth without any legal proceedings and outside a court of law.
Is An Estate Lawyer And A Probate Attorney The Same?
A probate lawyer is also sometimes referred to as a probate attorney. Such a lawyer is normally involved in various ways that mainly depend upon the specific situation of a given estate and should know the Nashville probate laws. The involvement of a probate lawyer will largely depend the total value of the assets of a decedent and whether the person had a last will and testament or not before passing away.
If there were no such will made by the decedent, all the beneficiaries will file claims and also sue for whatever they think they are supposed to get. On the other hand, if there is a will, different challenges may come up that may point to the validity of the will, which may also lead to possible litigation.
Services Rendered By a Probate Attorney
A probate lawyer can provide various types of services to you. Some of these have been listed below.
- Identify and secure the different estate assets.
- Collect various proceeds from different life insurance policies.
- Help in clearing off all the pending bills and debts.
- Obtain appraisals for the real property of the decedent.
- Clear out all income tax problems.
- Prepare and also file all the necessary documents that are needed by a probate court.
- Dealing with estate checking accounts.
- Finding out if any inheritance or estate taxes are pending and clearing them out completely.
- Ensuring a final disbursement of all the assets to various beneficiaries once all the pending taxes and bills are cleared.
- Transferring all the assets that were in the decedent’s name to all the appropriate beneficiaries.
Once everything is successfully completed, the job of a probate attorney comes to an end.