It may seem like having any probate lawyer in Folsom, CA will help. However, it is important that you are working with someone who is compassionate and understands when creating these types of documents as it may be hard for you. They can help you design a comprehensive estate plan and ensure everything is finalized before submitting the paperwork. Our lawyers at Yee Law Group, P.C. have put together some information on what a probate lawyer does and how to find the right one for you!
What Does a Probate Lawyer Do?
When a person draws up a will, they are required to appoint someone as executor of their estate. The executor is responsible for overseeing the estate and disposition of any property and possessions after the person dies. This includes ensuring heirs receive the assets or property that is left to them, paying off the debts and taxes of the estate, and carrying out any other wishes of the deceased person. This process is referred to as probate and must be done under the auspices of the court.
A probate lawyer, sometimes referred to as an estate lawyer, assists the person who has been named as the executor of an estate through the probate process. The first thing a probate lawyer clients recommend will do is file a petition for probate in the county in which the deceased person lived. There may be other documentation filed as well. Shortly after this filing, the court will approve the executor appointment as long as there are no objections from any other qualified parties.
Some of the legal issues that a probate lawyer can help an executor address include:
- Identifying and securing all of the assets and property of the deceased
- Appraisals of all of the estate’s property
- Collection of life insurance policies
- Filing all required documentation with the courts
- Overseeing all retirement accounts and/or pensions
- Overseeing all estate property sales
- Negotiating settlements between beneficiaries of the estate
- Addressing all estate and income tax issues
A probate lawyer can help you determine which assets you have — your money, your property — and how you want to distribute assets among others before you pass away and after you pass away. While it is important for them to know what your goals are when it comes to estate planning, they can also help you with local laws and ordinances regarding your estate. This can be particularly helpful when you want to avoid beneficiaries or people you may choose to leave out of your will from contesting it.
Further, instead of simply helping create an estate plan for after you die, you may also wish to have documents in place that specify what kind of care you want in the event that you become mentally or physically incapacitated. It can be helpful for your attorney to walk you through different documents, like a power of attorney document or a living will, and discuss the benefits that each document has. Your attorney will also be able to discuss the different laws in place and explain why a will or a trust may be more beneficial to you and your heirs in certain circumstances. This can set you up for success even before finishing your end-of-life documents.
Contact a probate lawyer for help today!