A probate lawyer is there to help your surviving family settle your debts and distribute your assets after you pass away, whether you took care to leave a will or not. They are also known as estate or trust lawyers. In general, they cover most if not all aspects of the process, including estate planning, the drafting of wills, living trusts, power of attorneys, an executor of will as well as an administrator. These individuals have a much easier time if a will has already been drafted. It helps eliminate any disagreements or confusions once someone has passed away.
They ensure that those signing any wills are in present state of mind to make such decisions and that the elderly will be protected and not taken advantage of. Often times, if a will is signed in a state of dementia, their will can be challenged. Some may challenge a will for the life insurance, or getting the property appraised, or locating all of the deceased’s assets. If there is considerable debt, a will can be challenged. Or if any taxes are to be collected, one’s will may be challenged post-mortem. If someone dies without a will then their property is distributed according to state laws of where the property resides, regardless of spouses or descendants. This is called intestate, and intestate laws are completely different from one state to the next. An attorney might be best in these situations.
Finding an attorney can seem a little confusing. There are many types of trusts in estate planning for example. There are couple trusts, or a living trust where a married couple shares control and benefits during their lifetime and at the passing of one spouse, full control moves over to the surviving spouse. There is also an A/B trust which is more complex but doubles what the heirs can inherit without state taxes. There are many other things that an attorney will do when handling your affairs for you while you are alive and after you have passed away. There are things to consider such as health care, tax benefits, avoiding the death tax, special wills that are involved when you have a trust, and more. Producing the right probate lawyer in Longmont for your needs takes diligence and research. Asking around, getting referrals, meeting in person to see how various attorneys operate and how you feel discussing your own death with them are important factors to consider. Having a will is essential in minimizing confusions and disagreements as well as making any of your debts easier to remedy once you have passed away. Finding an attorney can be crucial in making sure all of your affairs are in order and helping with the grieving process as well. The last thing you want to know is that your affairs could be determined by state laws and your loved ones have legal issues to process in addition to their grief.