Estate Planning

What You Need to Know About Probate and Estate Distribution

The role of probate lawyers in an estate is a very important one. They are the ones who will represent the interests of their clients, acting as a liaison between the decedent of will and their heirs. The primary duty of a probate lawyer under the Probate Code is to administer the affairs of estates must comply with state and local laws. This is to ensure that the process of distribution of wealth is proper and in accordance with state probate law. In short, the lawyer helps the heirs to settle all probate matters.

The main role of a probate attorney under the California Probate Code is to help administer the estate. There are many instances where the estate has not been settled properly and probate has been required. Some examples are when the client has died intestate (without a will), when a last will and testament were not drafted or when there is no valid insurance policy to cover the final expenses of estate planning. When probate is required, the estate must be distributed according to state and local laws. Some of the duties of a probate attorney are;

Listing any assets owned by the decedent prior to death is the first duty of any probate attorney. This includes bank accounts, stocks, automobiles, shares, brokerage accounts, pensions, annuities, tax returns, gifts, inheritances, and privately owned residential and commercial properties. If the estate has been settled before death, the lawyer may also request a copy of public records and obtain other information relevant to estate settlement. The lawyer will then sit with the representative of the decedent’s estate to determine if there are any valid reasons to dispute the decedent’s right to be treated as the legal representative of the estate.

Once the lawyer has obtained all the requisite information and is able to determine if probate is necessary, he/she should hire an attorney who will represent the decedent. This is the person whom the client will work closely with throughout the process, until the final settlement. The fee that the lawyer charges will depend on the complexity of the case. It may start from a low fee to cover costs and other miscellaneous fees. But in most cases, the entire cost of probate settlement will be borne by the attorney.

https://www.georgiaprobateattorneys.netSome states have already exempted probate lawyers from some duties to their clients. In such states, they can participate in the settlement discussions and legal aspects of estate planning. However, they cannot participate in the process itself. Other states do not have such restrictions and probate lawyers are allowed to take part in the administration of wills if asked to do so by the client, said Georgia’s finest probate attorney.

Another thing to consider is the experience of the legal services company. You should opt for a company that has a track record and a long history in providing quality legal services. It is better to go with established law firms as they are more reliable and experienced. If you need to find quick solutions, you can always seek the advice of experienced probate lawyers and make use of their services to deal with your estate matters.

Responsibilities of a Family Law Attorney

The process of choosing a family law attorney becomes even more complex when you consider that the lawyer you hire is likely to be one who practices within a broad range of disciplines. The law, after all, is one of those subjects that can never truly be narrowed down to any singular field. Family law is so broad that many different professions – including those such as engineering and accounting – may be required in order to practice law. Therefore, family law attorney in Seattle can be expected to not only have a unique professional expertise, but also to possess a unique set of personal characteristics that make him or her uniquely qualified to represent your interests.

The primary contrast they face, therefore, is the inherent personal nature of this particular area of the law. Like other attorneys who practice within the broader criminal law realm, family law lawyers in Seattle tend to rely heavily upon the various statutory mandates handed down by the courts in order to direct them in defending their clients’ rights. In doing so, they must have a solid grasp of the various legal theories and principles that form the bedrock of American life and law. Family law has a long and distinguished history going back to the earliest periods of American government. To this day, it includes such concepts as child support, spousal and marital property, divorce, and adoption.

Because these issues so squarely belong to the realm of family law, responding to requests for assistance from defendants and litigants requires an attorney who possesses the specialized knowledge and training required to respond to these pressing circumstances. In particular, family law attorneys Seattle needs to know how to proceed in the event of a contentious divorce case in which one spouse seeks relief from the other’s inability to provide income. And they must also understand the technical requirements of filing a petition for divorce, which involve meeting with a judge to gather the requisite information about the parties’ personal and financial circumstances. A lack of information about such necessities would jeopardize any chance of success on the part of any Seattle family law attorney handling a divorce case. For more details, visit divorceattorneyseattlewa.com

Another critical facet of family law is the issue of child support. Any Seattle family law attorney needs to be intimately familiar with the laws governing child support in Washington in order to properly represent a client who has been awarded such support by the court. Child support law requires lawyers to follow set guidelines regarding how much support to pay to a custodial parent and, if the non-custodial parent is not in financial compliance with this obligation, how to enforce it. Seattle lawyers must also be very aware of their client’s eligibility for welfare benefits, which may be granted or withheld depending on a number of factors. And while the attorney may be able to supplement an alimony agreement between the two parties to the divorce proceedings, he or she will not be permitted to mediate any discussion of these matters with the custodial parent unless such discussions take place outside the presence of the court.

One more important area of expertise in which a Seattle family law attorney needs to be knowledgeable is immigration issues. The mere fact that an individual may be legally present in another country is not necessarily an indication that his or her legal rights in that country will be protected. Seattle criminal lawyers, for instance, are forbidden by the United States government from taking any action against an individual who is in violation of United States law – even if that individual has entered the country without being lawfully authorized to do so. In order to protect a client’s constitutional rights, an immigration lawyer needs to be competent in dealing with the many issues that surround immigration laws.

There are many more duties that are entrusted to qualified attorneys. But the above are the most important. An attorney who is adept at all of these areas and who has thoroughly mastered the local laws applicable to his client is truly a versatile legal professional. Not only can he or she help you through the process of seeking a divorce, but he or she can also help you secure your financial future and help you understand what your family law lawyer will be doing on your behalf.