Estate Attorneys Help You Through The Difficult Times In Life

It's difficult enough to put a loved one to rest, but for many it is made more difficult by having to sort out the deceased's financial affairs after the funeral. Personal representatives, executors and heirs alike are often left with this duty, but have little to no guidance on what their responsibilities are. Some people are lucky enough to know they have been named the executor years before their loved one dies. Others are caught completely unaware and find themselves dealing with complex financial issues at a time when they are mourning the loss of a loved one.

Whether you are experienced with this responsibility or not, estate attorneys are an invaluable resource when it comes to dealing with your deceased loved one's financial affairs and assets.

Probate Specialists

Estate attorneys are legal professionals who specialize in settling the affairs of a deceased person. They are sometimes called a probate attorney or lawyer and are instrumental in walking an executor through the probate process. These professionals also advise beneficiaries on issues related to the property and their inheritance.

Estate Attorneys Assist Executors

Executors are often overwhelmed with paperwork that needs to be completed in a timely manner upon a person's passing. The guidance of an attorney in these matters can speed up the process and help ensure you don't miss anything. Estate attorneys can help an executor:

1. Locate probate and non-probate assets

2. Obtain investment values and appraisals of the deceased's properties

3. Collect life insurance proceeds

4. Advise on the payment of a decedent's bills and outstanding debt

5. Determining what, if any, taxes are due and locating funds to pay for them

6. Assisting with the sale of the deceased's properties

7. Settling disputes among beneficiaries

8. Accessing investment accounts

9. Keeping track of expenses

10. Working with the courts to obtain permission for actions needed to settle the estate

11. Preparing and filing documents required by the probate court

Helping Beneficiaries

Sometimes the beneficiaries and the executor are different people, or the executor may be one of several beneficiaries. The attorney can help the non-executor beneficiaries too. If your loved one died without a will in place, the state will determine not only what the heirs receive, but also who they are. If minor children are involved, the state will determine guardianship. An lawyer can help guide you through these legal processes and be your advocate in court.

Designing A Plan

You can make things easier on your beneficiaries and executor by meeting with estate attorneys now. They will be able to help you create a plan that can help minimize your heirs' tax burden and protect your assets. You can designate charities as beneficiaries, choose guardians for your children, set up trusts and create a power of attorney or a healthcare power of attorney. By designing an estate plan before you need it, these important decisions are decided by you, not the state, not your executor, not your beneficiaries. It is the single best way to ensure your wishes are met if you become mentally incapacitated or die.

Choosing Estate Lawyers Who Will Look Out For Your Best Interests

Selecting your estate lawyers is an important decision. Not only are you trusting this professional to create a plan that supports your wishes, you are also sharing some of the most confidential details of your life with him or her. Here are some things to consider when selecting an attorney.

Selecting Estate Lawyers

Choose an attorney who is experienced in your particular needs. Not all estate lawyers are experts in every aspect of estate law, but they should have a basic understanding of how laws covering one issue may affect others.

Look for specialty designations on the issue you need help with and ask what percentage of their practice is devoted to this subject. Estate planning is a constantly growing field and unscrupulous attorneys might try to capitalize on that by claiming to be experts in wills, trusts and plans when in fact they are not. A specialty designation can give you some measure of comfort that the attorney is knowledgeable on the subject.

Research attorneys before contacting them. Review their websites for educational background, practice specialties and experience. Is the lawyer a member of any local, state or national associations? Make sure to search specialty associations related to your need, such as the American Academy of Estate Planning Attorneys, and see if your attorney is a member.

Search for articles the lawyer or firm may have written and take note of any examples of community involvement they may have participated in or supported. Reach out to friends, neighbors and colleagues to get recommendations.

Finally, although it may sound far-fetched to think this isn't the case, always contact the state bar association to make sure the lawyer is a member in good standing.

Other Considerations

There are several things to consider besides experience when choosing estate lawyers. Don't forget the other staff at the law firm. You are likely to have a lot of contact with them. You want staff that is courteous and professional and responds to you in a timely manner.

Look for a local lawyer. Local attorneys are certain to know the state law better than a lawyer who is out of state, not to mention it is more convenient for you to visit the office.

Ask for references. Ideally you will be able to speak to people who have used the lawyer's services in the past so you can get an idea of his or her client service and communication with clients.

Always ask about fees, payment terms and the cost of the initial consultation. Estate planning is very time-consuming and complex. It is not at all uncommon for these lawyers to charge for the initial consultation. Find out if you will be charged a flat-fee or an hourly rate to have the plan drawn up, then make sure you understand what is included in the fee and ask for a written fee agreement.

Trust Yourself

Throughout all of your research, don't discount your gut feelings. You're looking for a lawyer who has the expertise you need, but you should also choose one with whom you feel comfortable. He or she should listen to your needs, concerns and values and be interested in your situation. They should speak to you in terms you understand. Estate lawyers will be delving deep into your life and asking questions about your finances and relationships with friends and family. You want your attorney to be someone you trust and feel you can be open and honest with.