What are the Responsibilities of Probate lawyers?

Aug 24, 2023

When someone passes away, their assets and estate may go through a legal process known as probate. During this time, having a probate lawyer prove extremely valuable in solving the complexities of the probate system and ensuring that everything is handled smoothly. Let us explore what a Probate lawyer Perthdoes and how to find the right one to hire.

What is a Probate Lawyer?

A probate lawyer, also known as an estate or trust lawyer is a legal professional specializing in guiding individuals through the probate process. Their primary role is to assist the executor or administrator of the deceased person’s estate in managing and distributing assets according to the will or applicable laws when no will exists.

Roles and Responsibilities of a Probate Lawyer

When someone passes away, their assets and estate need to be managed and distributed according to their wishes and the law. This is where a probate lawyer steps in to provide valuable assistance and guidance.

A probate lawyer’s primary role is to help their clients understand the probate process. They will explain the legal steps involved, the timelines, and what to expect during this often emotional time. This ensures that the client is aware of their rights and obligations.

A probate lawyer verifies the authenticity of the deceased's will. They check if it complies with legal requirements, including proper witnessing and signing. If there are any doubts about the will's validity, the lawyer investigates and resolves the issues. 

To administer the estate, a probate grant is usually required. The lawyer assists the family in preparing the necessary documents and filing the application with the court. Once probate is granted, the lawyer can start the process of distributing assets.

An estate planning lawyer Perth helps in the administration of the deceased person’s estate. They work closely with the executor or administrator of the estate to ensure that the value of the assets is properly estimated, debts are settled, and taxes are paid. They also help in the process of the distribution of assets to beneficiaries as per the will or applicable laws.

The probate lawyer lists all the assets owned by the deceased. This includes bank accounts, real estate, investments, and personal belongings. They work along with the family and other professionals to get a fair valuation of the assets.

In some cases, conflict may arise among family members or beneficiaries regarding the estate's distribution. A probate lawyer plays a vital role in resolving these disputes through negotiation or mediation, aiming to avoid costly and time-consuming court battles.

If disputes cannot be resolved outside of court, a probate lawyer will represent their clients during probate litigation. They will present evidence, make arguments, and advocate for their clients' interests before the judge.

In situations where beneficiaries are minors or individuals with special needs, a probate lawyer protects their interests. They may set up trusts or other legal mechanisms to ensure that the beneficiaries' needs are met appropriately.

Probat? lawyers assist in handling creditor claims against the estate. They verify the legitimacy of these claims and negotiate with creditors to reach fair settlements, protecting the estate assets in the process.

A probate lawyer stays updated with the ever-changing probate and tax laws. They apply their knowledge to guide clients on the most tax-efficient strategies for planning and distribution. 

During this probate process, people might get emotional, leading to family disputes. A probate lawyer acts as a mediator, helping family members come to an agreement and maintain harmony during this challenging time.

Throughout the probate process, the lawyer maintains meticulous records of all transactions and communications. These records help ensure transparency and protect the lawyer from any potential disputes or legal challenges.

Even after the probate process, the lawyer may continue to assist the family with estate planning, asset protection, and other legal matters. They provide ongoing legal counsel to help clients make informed decisions about their financial future. 

How to Find the Best Probate Lawyer

A probate lawyer is someone who specializes in handling the distribution of a deceased person’s estate. Whether you're planning ahead or facing a sudden situation, here are some simple steps to help you find the best probate lawyer for your needs. 

Research Local Lawyers

Start by conducting research on probate lawyers in your local area. Look for legal experts who have experience in probate law and are familiar with the laws in Perth. You can do this by searching online, asking for recommendations from friends or family, or checking with your nearby legal association. 

Read Reviews and Testimonials

Once you have a list of potential probate lawyers, take the time to read reviews and testimonials from their past clients. This will give you an idea of their reputation and how satisfied their clients were with their services. 

Schedule Consultations

After that, schedule consultations with a few of the lawyers you have chosen. Most lawyers offer free initial consultations, which can be a great opportunity to discuss your situation and assess how comfortable you feel working with them. 

Consider Compatibility

Finding a probate lawyer you feel comfortable with is important. Consider their communication style, whether they actively listen to your concerns, and if they explain legal matters in a way you can understand. 

Assess Availability

Probat? cases can be time-consuming, so you should know how available the lawyer will be to handle your case. Ask them about their workload and commitments to ensure they can give your case the attention it requires. 

Review the Fee Structure

It is essential to understand the lawyer’s structure clearly before making a decision. Some may charge hourly, while others may work on a contingency, where you must pay only after you have benefited from their service. Choose an arrangement that is within your budget and expectations.

Conclusion

A deceased estate lawyer in Perth plays a vital role in guiding clients through the complex probate process, ensuring that the deceased person’s assets are distributed according to their wishes and the law. By understanding the roles and responsibilities of a probate lawyer, individuals can deal better with this sensitive and challenging time.