A probate lawyer is a state-licensed attorney whose work to is to mentor, continue legal education, and the one who understands the way of advising personal representatives (commonly known as executors), and the estate beneficiaries on the mechanisms to use in settling all of the final affairs associated with the deceased person (decedent).
A probate lawyer is also identified as the estate attorney or the estate lawyer. He/she is the person held responsible for guiding the personal representative through the whole probate process, from its start to the end. The steps followed when probating a given estate relies on the state’s probate laws where the deceased person lived during the death time and any other estate where the deceased person owned real estate.
The probate steps followed differs depending on whether the deceased died with a legal last testament and will (commonly identified as testate) or the deceased person died without the legal last testament and will (commonly identified as intestate). Thus, the probate lawyers Sydney need to be conversant in the state probate laws where the lawyer is given a permit to practice.
Another thing to note about the probate lawyers is that they can get hired to advise the estate’s beneficiary on legal issues and other matters delivered to the beneficiary through the personal representative during the probate process. However, this can happen only if the beneficiary is not familiar or does not get along with the personal representative
Also, there is a category of the probate lawyers who only specialises in the representation of the personal representatives and estate beneficiaries. These lawyers become engaged in different lawsuits that are linked to the estate of the deceased person or when the estate beneficiary decides to give a challenge to the last will and testament of the deceased person by using a will contest. The lawyers engaged in this practice are known as trust litigators, estate litigators, and probate litigators.
When it comes to the representation of the estate’s personal representative, the probate lawyer advises and then assists in the following ways:
- Collecting the proceeds of life insurance
- Locating and securing non-probate assets and probate assets
- Obtaining appraisals relating the property of the deceased person and the date of the death values
- Preparation and filing all the documents requested by the probate court. They do this promptly.
- Making appropriate elections and rolling over in line to the retirement plans.
- To advise on matters concerning final bills of the deceased person and any other outstanding bills.
- Keeping track of the checking account of the state
- Determines if any inheritance taxes and estate taxes will be due at the state levels and federal levels and if that happens, the try to figure out the source of that cash to pay the taxes.
- Addressing issues concerning income tax
- Solving out disputes affecting the beneficiaries and personal representatives
- Offering assistance when it comes to the sale of estate property
- To request permission from the court on various actions as per the requirement from applicable probate laws of the state.
- To distribute the left assets of the deceased person to the beneficiaries. They do this after paying taxes and bills.