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What Is A Probate Lawyer?

What Is A Probate Lawyer?

Trying to make sense of the details of estate settlement after losing a loved one can be challenging, to say the least. This is where the experience of a qualified probate lawyer becomes invaluable. So, what is a skilled probate lawyer?

As legal professionals, a probate lawyer guides executors and beneficiaries through the probate process to ensure that your loved one’s estate is properly managed and distributed as intended. With a keen understanding of the applicable estate laws, the right probate lawyer can play a critical role in easing you of this burden during this difficult time.

And so, if you find yourself in need of such guidance, please don’t hesitate to reach out. Contact Schwartzapfel Lawyers today by dialing 516-342-2200 now. No matter your situation, it will be our honor and privilege to fight for you!

The Role Of A Seasoned Probate Lawyer

A qualified probate lawyer, also known as an estate attorney, is a legal professional who oversees the estate administration process following someone’s death.

To do this, they step in to guide the executor of the estate or the beneficiaries, ensuring that everything from asset distribution to debt settlement is handled according to relevant legal standards in conjunction with the decedent’s wishes.

Probate Lawyer Vs. Estate Planning Attorney

While both probate lawyers and estate planning attorneys fall under the umbrella of estate law, their roles differ significantly. A skilled probate lawyer comes into the picture after a person has passed away, focusing on settling the deceased’s estate.

In contrast, an estate planning attorney works with living clients to prepare for the future, helping them organize their affairs and draft documents like wills and trusts. It’s a proactive versus reactive approach to estate management.

Responsibilities Of A Qualified Probate Lawyer

The responsibilities of a seasoned probate lawyer are diverse and tailored to the needs of each estate. 

These can include but aren’t limited to:

  • Identifying and cataloging the deceased’s assets.
  • Managing the estate’s financial affairs.
  • Assisting in collecting life insurance proceeds.
  • Overseeing appraisals of property.
  • Preparing and filing necessary court documents.
  • Advising on debt settlement and tax obligations.
  • Ensuring the proper distribution of assets to beneficiaries.

Note: Each of these tasks requires your team to have a deep understanding of legal procedures and attention to detail, like the seasoned attorneys at Schwartzapfel Lawyers. With our skilled team, you can trust that every aspect of the probate process will be handled with complete care and professionalism.

The Probate Process And How A Skilled Lawyer Can Help

Probate is the legal procedure that involves the authentication of a deceased person’s will, if present, and the administration of their estate. This process includes the identification and valuation of assets, distributing the remaining assets to the rightful heirs or beneficiaries, and paying off debts and taxes.

While probate laws vary from state to state, the process typically involves court intervention to ensure that everything is handled fairly and in accordance with the law.

Specific Tasks A Skilled Probate Lawyer Performs

In this often complex and detailed process, a qualified probate lawyer plays a crucial role. Their tasks include but are not limited to:

  • Inventory Of Assets: Probate lawyers assist in locating and valuing all assets belonging to the deceased, whether they’re straightforward bank accounts or more complex investments.
  • Managing Finances: They oversee the estate’s financial affairs, ensuring that all financial obligations, like bills and taxes, are met.
  • Court Document Preparation: A significant part of their role involves preparing and filing the necessary legal paperwork with the probate court.
  • Debt Settlement: They provide guidance on settling any outstanding debts and liabilities of the estate.
  • Asset Distribution: Finally, they ensure that the remaining assets are distributed to the beneficiaries as per the will or state law in the absence of a will.

It’s important to note that the probate process can be intricate and overwhelming, especially during a time of grief. Legal advice from a qualified probate lawyer is crucial to go through this process efficiently. Experienced lawyers, like Schwartzapfel Lawyers, offer invaluable assistance by:

  • Providing Clarity: They help simplify and explain the details of probate.
  • Avoiding Delays: Their experience ensures that the process moves forward without unnecessary delays or legal missteps.
  • Protecting Rights: They ensure that the rights and interests of the executor and beneficiaries are maintained throughout the process.
  • Peace of Mind: Knowing that a knowledgeable professional is handling the legalities provides peace of mind during a challenging time.

For assistance through every step of the probate process, please call the experienced team of Schwartzapfel Lawyers at 516-342-2200. Our seasoned professionals are ready and able to fight for you, both in and out of court. Call now!

Who Pays For A Qualified Probate Lawyer?

Typically, the cost of a seasoned probate lawyer is paid by the estate itself — not the executor or beneficiaries — because it’s considered part of settling the estate’s affairs. This means that the legal fees are taken out of the estate’s assets before the estate is distributed to the heirs.

Understanding the costs of hiring a skilled probate lawyer is important for anyone going through the probate process. Thankfully, at Schwartzapfel Lawyers, you won’t have to pay any fees unless your case is successful.

While some firms charge for their services using an hourly rate, a flat fee, or even a percentage of the estate’s value, Schwartzapfel Lawyers works on a contingency fee basis. That means you won’t pay a penny until we recover damage or compensation for you through your case.

That’s right — unless we win your case, you don’t owe us anything.

Contact Schwartzapfel Lawyers today at 516-342-2200 for a free consultation and hear firsthand how we can fight for you!

Deciding If You Need A Seasoned Probate Lawyer

When dealing with the aftermath of a loved one’s passing, deciding whether to hire a probate lawyer is a critical step.

Below, we’ll look at a variety of scenarios that typically require a qualified probate lawyer. Here, these can include but are not limited to:

  • Complex Estate Plans: Estates with diverse assets, like real estate in different states or countries or business interests.
  • Disputes Among Beneficiaries: If there’s potential for or existing conflicts among heirs or beneficiaries.
  • High-Value Estates: Larger estates, especially those subject to estate taxes.
  • Absence of a Will: When a person dies intestate (i.e., without a will).
  • Claims Against the Estate: Situations where creditors or lawsuits are involved.

As such, knowing when legal assistance is necessary and what questions to ask yourself can make this decision clearer.

Questions To Consider When Determining The Need For A Skilled Probate Lawyer

In assessing whether you could benefit from the services of a qualified probate lawyer, some of the key questions to consider include:

  • Does the estate include complicated assets or debts?
  • Are there any family disputes over the estate?
  • Are you familiar with the probate laws in your state?
  • Do you have the time and resources to manage the probate process yourself?
  • Is there a risk of legal claims against the estate?

How you answer these questions can guide you in understanding the complexity of your situation, as well as the potential benefits of having professional legal assistance.

The Role Of Legal Insurance In Estate Planning

Legal insurance can be a valuable tool in estate planning. It typically provides access to a network of lawyers for various legal needs, including estate planning and probate. Specifically, here’s how it can help:

  • Access To Experience: Legal insurance gives you access to qualified lawyers who can guide you in estate planning and probate matters.
  • Cost-Effectiveness: It often makes legal services more affordable, especially for complex or prolonged legal issues.
  • Peace Of Mind: Knowing you have legal support when you need it can provide comfort during uncertain times.

At Schwartzapfel Lawyers, we understand probate law and the emotional weight of these decisions. To this end, we’re here to provide experienced, compassionate guidance. And so, if you’re considering whether a skilled probate lawyer is right for your situation, please, don’t wait. Your future is too important to leave to chance.

Instead, act now and call Schwartzapfel Lawyers at 516-342-2200 to discuss your options today!

Trust Schwartzapfel Lawyers For All Your Probate Needs

The role of probate lawyers in settling an estate cannot be overstated. They provide essential guidance through what is often a complicated and emotionally charged process. In so doing, they work to make sure that your loved one’s legacy is honored and that the rightful beneficiaries receive all that they’re entitled to.

So, please, don’t go through the probate process alone, not when you don’t have to. Instead, contact Schwartzapfel Lawyers at 516-342-2200 for top-tier legal services. No matter your situation, no matter your needs, we’ll treat you like family.

With over (150) years of combined experience, our skilled team is ready and able to fight for you every step of the way. Don’t wait — act now! Your financial future is worth it.

DISCLAIMER: Nothing on this page should be considered legal advice. You should seek the appropriate counsel your situation requires. For more information, call 1-516-342-2200 now!


Schwartzapfel Lawyers, P.C. | Fighting For You

Wills, Estates, and Probate | CA Courts

Asset Valuation – Definition, Methods, and Importance | Corporate Finance Institute

Administration | NY CourtHelp

Intestate: Definition and State Rules | Investopedia

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