Succession Basics: Probate and Estate Planning

What is the Difference between a Probate and Estate Planning Attorney? While both estate and probate planning attorneys typically practice in the same field of the law, they do have some different differences. An estate planning attorney generally deals with the legal process of estate management after someone dies. An estate attorney will also help establish who will receive the deceased person’s property in the event of a probate court decision. In short, the probate and estate planning attorney will work to complete the formalities of how a person’s property will be distributed when that person dies.

Probate and Estate Planning

 

There are certain characteristics that all probate lawyers must have in order to practice in this area of the law, said a probate lawyer in Miami. For starters, any good estate or probate lawyer should be a certified public accountant. That means that he or she has been educationally certified and has passed the state bar exam. They should also have several years experience in a similar field as the client and be familiar with the local probate laws. Finally, any attorney in this field should be actively practicing in their field for at least three years.

 

Probate lawyers have a number of specialties that make them uniquely qualified to handle any probate process. In some states, probate lawyers can represent anyone who has questions about their estate or is in need of legal advice. Others may even specialize in a particular area of the law such as wills, adoptions, or probate settlements. This type of attorney can make valuable contacts with other attorneys who can be of assistance throughout the probate process.

 

In many states, a probate lawyer may also take on cases involving probate and intestacy laws. In America, intestacy laws are designed to provide the deceased person’s estate the money it needs to distribute his or her property and assets to beneficiaries. If intestacy laws are violated, the court can appoint an estate planner to oversee the distribution of the decedent’s estate. The probate court appoints an administrator to handle the decedent’s affairs until the probate case is settled. In some states, the probate judge can also appoint an estate planner to assist in making these decisions.

 

Probate can be very complicated for people who do not have experience in this area. If you think you are unsure of how probate works, contact an estate planning attorney as soon as possible. A probate lawyer will help you understand the entire process, answer questions, and guide you through the proceedings. This will help ensure that your wishes are respected and that your final wishes are met. This is one reason why it is so important to choose a probate lawyer who is experienced in this area.

Probate itself is very confusing. You need the help of someone who knows the ins and outs. An estate and probate lawyer can be your best friend in this process. If you are having problems finalizing your estate plan, or if you feel you may be the victim of inappropriate actions by a loved one, contacting an experienced estate and probate lawyer is your best option. There is no reason to put this process off. Contact a probate and estate planning lawyer as soon as possible to get all of the answers you need.