What is a Probate Lawyer and When Do You Need to Hire One
The probate of most estates runs its course without the personal representative of the real estate needing to hire a probate lawyer. Probate cases that may need a probate lawyer are when there is some complicating factor during legal representation, such as when:
- The authenticity of the will is disputed;
- Heirs disagree about who the representative of the estate should be;
- A dispute exists about the types of assets to get exempted exempt the process;
- There is a dispute as to the rightful heirs of beneficiary designations of the decedent’s assets.
When disagreements arise regarding the distribution of a probate estate, a probate lawyer can help calm the situation by interpreting how the law can get applied concerning the distribution of the real property. An estate lawyer can also offer some assistance if the deceased had not identified a living trust at the time of death. Also, an estate attorney can be approached to perform the functions of an estate administrator.
Fulfilling Your Responsibilities Without Hiring a Lawyer
What is a probate lawyer? The responsibilities of probate might seem daunting, but do not worry. California has designed its probate process so that a legal document assistant experienced with the process can assist the estate executor with the process. You shouldn’t entirely rely on the powers of attorney to determine how you handle your probate estate issues regarding asset distribution among designated beneficiaries.
California also has several options for simplified probate that don’t need the services of a highly-priced state-licensed attorney. These processes are available for estates that do not have a high value to demand the presence of an estate litigator.
Probate is mostly paperwork and knowing how to move the case through the court process. So, although you may not need a probate lawyer, it is crucial to complete the paperwork and file the documents correctly as part of the probate proceedings. If you do not do this, then the process could take a long period, and you could end up having to pay extra fees and costs on legal matters.
A good solution is to hire a legal document assistant that not only prepares probate documents but also makes sure the case adheres to the legal proceeding promptly. A legal document assistant is not a probate attorney, and therefore they charge a fraction of what lawyers do. However, they are also conversant with every legal term regarding the transfer of property. Some of the deceased’s items not part of the probate process include retirement accounts and their life insurance policy.
California probate lawyers charge statutory fees based on the gross value of the estate. In this regard, it doesn’t make sense to pay a lawyer for the services that a legal document assistant has the ability and authority to provide. A legal document assistant is also not a paralegal; paralegals cannot prepare legal document services, but legal document assistants can.
People that use the services of a competent probate legal document assistant will save thousands of dollars as compared to hiring a probate lawyer.
Painless Probate with a People’s Choice
What is a probate lawyer? Hiring an experienced probate lawyer to prepare your probate documents is most certainly an economical and wise choice. More importantly, it will help you settle your family member’s estate without stress or unnecessary delays. A People’s Choice has helped thousands of people file probate in California without having to hire an expensive attorney. Avoid statutory probate fees. Contact A People’s Choice about our full-service, non-attorney probate document and case management services by calling 800-747-2780 today.