Many people are told they need to find the best estate attorney in San Diego when the time comes to transfer the assets left behind by a beloved family member. However, while most people know the reasons for creating a will, few of them know why they need a probate lawyer and what is a probate lawyer responsible for. So, let’s shed some light on the matter.

Who, exactly, are probate lawyers?

In a nutshell, probate lawyers manage the process of filing the last will and testament left by a deceased individual. Essentially, probate lawyers are either estate lawyers or trust lawyers. A probate lawyer can provide vital assistance should any disputes about the distribution of assets occur.

What is a probate lawyer responsible for?

A probate lawyer is here to take care of every single step along the way of distributing and transferring potential assets to the surviving individuals. First of all, a probate lawyer can help with the creation of the last testament or will and recommend the best way to distribute money and other assets.

Secondly, probate lawyers can provide assistance when it comes to trust planning and help us avoid the most common mistakes, and they can also help you regulate the powers of an attorney.

What’s more, a probate lawyer is there to offer help with protecting your assets in unforeseen eventualities, and, finally, as said before, a probate lawyer is responsible for filing the will.

We do have to tell you that it is not legally binding to have a professional attorney create your will or handle your estate. Many people still fail to see the importance of proper legal representation in this matter. However, although not proscribed by the law, we recommend hiring a good probate lawyer when drafting a will, or handling all the responsibilities that come after that.

Now you have a general idea of the area of expertise of probate lawyers. It is time to take a closer look at everything they can help you with, only to get a clearer picture of when you might want to hire one.

If a personal representative needs help

Personal representatives, or executors, are persons in charge of managing the estate of the deceased during a probate process. The probate process is long and complicated. You have to take care of the taxes, distribute the assets to all the beneficiaries, and, finally, close the estate.

Due to the enormity of the workload, personal representatives tend to hire probate lawyers in order to make sure the entire process goes smoothly and that it’s completed in reasonable time. The following are some of the areas in which probate lawyers provide invaluable help:

• They do the inventory of all the non-probate and probate assets.
• They cooperate with appraisers to determine the exact value of all the assets.
• They prepare and file probate documentation.
• They determine if any inheritance or estate taxes are required, and find the best course of action for paying them.
• They help with selling estate property or retitling it in beneficiary’s name.
• They offer legal advice on outstanding debt payment.
• They distribute assets to every beneficiary upon completing the payment of outstanding debts and taxes.

However, not only can they provide assistance to personal representatives, but probate lawyers can also act as personal representatives themselves. If you’re worried that a family member would not be able to handle the obligations in a responsible manner, you would be better off hiring a probate lawyer as your personal representative. We hope we are one step closer to explaining what is a probate lawyer responsible for.

If a beneficiary requires assistance

Beneficiaries usually turn to probate lawyers if they have a certain issue with the personal representative. Sometimes, the beneficiaries simply don’t know the named representative that well, and they would like to be as secure as possible that the representative is working in their best interest.

On other occasions, there have been conflicts with the representative in the past, or a conflict has arisen upon the start of the probate process. The only way for the beneficiaries to ensure the probate process goes according to the law is to hire a probate lawyer to oversee the proceedings.

Whatever the case, a probate attorney will make sure that the rights of the beneficiaries are held in utmost regard, and that the probate process transpires smoothly.

If there is a will contest

A will contest happens relatively rarely, but it still happens nonetheless. It involves efforts to either dispute the will or ascertain that the word in the will is upheld.

Whatever the need is, the probate lawyer works as a legal representative of the beneficiary. For example, the beneficiaries may be unhappy with the will, and choose to challenge it based on undue influence, improper execution, or mental incapacity.

Or, if a beneficiary wants to legally prove the will is, indeed, valid, he or she needs the help of a probate litigator to handle the process in the best possible way. Will contests can be long and tedious, so it is a good idea to hire a probate lawyer quickly, so as to minimize additional court expenses and time lost.

If you want to plan your estate accordingly

Probate attorneys can also offer help when planning your estate, i.e. writing your will. Yes, it is possible to write a will without an attorney there to assist you. However, it is always a good idea to work alongside an experienced lawyer in order to minimize gift and estate taxes.

Even if you’ve decided to write your will on your own, it is advisable to have a probate lawyer look it over. This is the only way to be certain it is entirely valid, and that all your wishes are carried out as you intend. Without proper legal consultations, it is possible for your words to get twisted.

Wondering what is a probate lawyer responsible for? We know, and are willing to help!

Irina Sherbak is the most dedicated, trustworthy, knowledgeable probate lawyer in San Diego. She has founded the Law Offices of Irina Sherbak to provide help to people who want to protect, preserve, and distribute their estate. We know how difficult that process can be, so we would like to ease your physical and mental efforts. Contact us whenever it suits you!