Is It A Good Idea To Hire A Probate Lawyer Near Me Before You Die?

Is It A Good Idea To Hire A Probate Lawyer Near Me Before You Die?

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Usually, people do not feel the need to consult a probate lawyer to draft a will.  There is nothing wrong with that.  You can well imagine how exorbitant court cases are!  Nonetheless, the thought of paying a hefty sum your lawyer would urge you to give up the idea of hiring one.  However, estate planning, safekeeping of your documented will, and helping your family surge through the probate process without a lawyer could be stressful.  Furthermore, if you do not have a law background, you could be barking up the wrong tree.  Instead of an unreliable search, wouldn’t you be in a better shape if you hunt for a probate lawyer near me before you die?

Estate Planning With A Probate Lawyer Near Me

It is nice to have a carpe diem attitude towards life.  However, wouldn’t it be best to avoid last-minute scrambles.  Profound advice from experienced seniors suggests that it is always best to draft an estate plan with a lawyer before you become incapacitated.  You never know when death could come knocking at the door.  A well-thought estate plan would avoid unnecessary problems and prolonged probate.

Though an estate planning lawyer and a probate lawyer are two different terms, only a probate lawyer knows the problems that crop up due to mismanaged estate plans.  You would need to prepare a check-list to craft an ideal estate plan.

  • Every estate plan begins with a will or a trust even if you have limited assets.  You can draft a will without any legal assistance.  However, a probate lawyer can guide you to prepare a will or trust in accordance with state and federal law before you die. 
  • You would need to assign an executor for your will who can execute the legal formalities in your absence.  You can appoint your probate lawyer as a power of attorney (POA) since he will be neutral while executing the probate process.
  • Your will should mention the name(s) of beneficiary or beneficiaries to take possession of your estate. 
  • Your will should accompany a letter of intent, signifying the purpose of passing down your assets to a specific person. 
  • It would be best to nominate a healthcare power of attorney to make medical decisions on your behalf. 
  • In the case of a minor child, your will also require a designated guardian to take care of the inheritance.

Since a will consists of several clauses, the documents should be legally drafted for correct interpretation in the court of law.  Thus, a probate lawyer near me is inevitably a part of drafting a will.

A Dependable Probate Lawyer Near Me Can Safe keep Your Document

Once the will is documented, you need a dependable person without vested interest to keep your will safely.   You never know when greed can creep inside your relatives.  Furthermore, someone can tamper with for will and misuse it for self-benefit.  

Your will should mention the name(s) of beneficiary or beneficiaries to take possession of your estate. Your will should accompany a letter of intent, signifying the purpose of passing down your assets to a specific person. It would be best to nominate a healthcare power of attorney to make medical decisions on your behalf. In the case of a minor child, you will also require a designated guardian to take care of the inheritance.

However, you would need to ensure that your updated version of the will is also filed consecutively. A will filed in a probate court quickens the probate process.

A Probate Lawyer Near Me: Family’s Support System Through The Probate Process

How can you ensure that the hounding creditors will not be after your family’s lives to recover their debt amount?  How can you ascertain that the probate process is not troublesome for your family, who is already dealing with a loss?  A probate lawyer acts as a family support system throughout the probate process.

Apart from assisting the legal representative, appointing a probate lawyer before you die will serve your family in legal aid.   A lawyer can also become a neutral executor.  Furthermore, your probate lawyer’s responsibilities include the following-

  • Framing assets in a trust
  • Collection of the assets
  • Appraisal of the assets
  • Intimation to the creditors
  • Legal exemptions from creditors claims
  • Legal documentation in the probate court
  • Payment of a minimum debt
  • Impartial distribution of assets as per the latest will
  • Managing estate in multiple states
  • Determining estate taxes and possible exemptions
  • Ensures that you as a beneficiary receive the estate as mentioned in the will

Bottom Line

Just as you would carry an umbrella to protect yourself from unpredictable rain on a cloudy day, you would want to hire a probate lawyer near me before you die. Appointing a probate lawyer is the best thing you could do for your loved ones.

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