If you’re dealing with a death in the family and trying to figure out how to handle the estate, you may need to hire a probate attorney.
Probate is the legal process of handling an estate after someone dies. When someone dies, their property is transferred from their name to someone else’s name through the probate court system.
Whether or not there is a will or trust involved, things can get complicated. That’s when you need a probate attorney—someone who understands all these rules and regulations and can help guide you through them without any unnecessary complications arising later down the line.
How a Probate Attorney Can Help When There Is a Will
Probate attorneys are often retained to help executors, administrators, and beneficiaries of assets set out in a will to complete the distribution process per the terms of the will. If a decedent had a valid will when they passed, loved ones might retain a probate lawyer to advise the administrator through the probate process following the provisions of the will. If a beneficiary feels there is something wrong with the will, they may retain a probate attorney to represent them in court.
How a Probate Attorney Can Help When There Is No Will
When a person passes without leaving a will, the deceased is considered to have died intestate. This means that state inheritance rules govern who inherits, and probate lawyers may assist family members in petitioning the court for an appointment as the estate administrator.
The attorney may also help the administrator with obtaining and filing affidavits of renunciation with the probate court, demonstrating that other family members refuse to take on those responsibilities.
After that, the lawyer may assist with the probate procedure.
The Probate Attorney’s Comprehensive Role
There are several things that a probate lawyer may be responsible for doing during their time working with you, including:
- Preparing documents related to the estate, including wills, trusts, and other legal documents
- Negotiating with creditors and debtors to resolve debts related to the estate
- Conducting research into state laws regarding probate procedures and tax preparation
- Assisting with filing necessary documents with agencies such as Social Security Administration (SSA), Veteran’s Administration (VA), Internal Revenue Service (IRS), etc., to begin receiving benefits from any applicable programs
Contacting an Experienced Los Angeles Area Probate Attorney
The probate system can be complicated and virtually impossible to navigate without the aid of an expert probate attorney. Attorneys at the Law Offices of Michael K. Lanning, APLC, are highly skilled at handling probate matters. We recognize the significance of fulfilling your loved one’s wishes and are committed to helping you accomplish this.
Contact us at 310-820-1600 or go to our website to learn more and set up a consultation.
We serve West Los Angeles, Santa Monica, Pacific Palisades, Manhattan Beach, and the surrounding Los Angeles communities.
