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Utah Estate Planning And Probate Attorneys

Do you understand what probate is?  Do you know how you probate a will?  You probably would understand why you need Ascent probate attorney if you know what probate is and you would understand this legal process more once you have secured the services of an attorney.

What is Probate?

Basically, a probate is a process whereby the court transfers the decedent’s estate to his heirs.  This process also includes giving out notices to creditors and settling the decedent’s debts.  If the decedent had left a will, his estate will then be distributed according to his wishes. The process ends only when the all debts have been settled, taxes have been paid and properties have been properly distributed. Usually, your probate attorney will work with the will’s executor or the state administrator throughout the process. The whole process can be tedious, so it is very important that you need to hire a probate attorney to help your executor or you throughout the whole thing.

Do You Need to Have Your Will Probated?

There are some people who do not want to go through this expensive and overwhelming legal process. Perhaps, you are wondering if you really need to have your will or the decedent’s estate probated.  Maybe you have to or maybe you don’t have to. The answer varies from one person to another.  This is why you need to consult with an Ascent Law attorney before you pursue any legal action.  You will understand your options better if you do so.

Choosing Your Utah Probate Attorney

You need to be careful when making your choice. You need to make sure that your probate attorney is competent, reliable and trustworthy. He or she should be someone who can handle the whole process. There are so many things to consider when you undergo a probate process.  A good lawyer can help you sort things out. You can have someone taking charge while you go through the bereavement process. Probate can be overwhelming, so it will be such a huge relief to have someone competent takes over for a while.

When looking for a probate attorney, you don’t have to go around Utah looking for a competent one. You can always go online and look for your attorney online. You can visit online sites to look for an attorney who can help you throughout the whole probate process. This is a far more convenient and easier way to look for someone reliable, dependable, competent and trustworthy.

If someone close to you has dies and the probate needs to be settled you need to look for a probate attorney. It is true that it is a time of emotional crisis and thinking of anything else is quite difficult. But the legal matters need to be settled as soon as possible. Probate is such an issue which one cannot and should not avoid. Finding a good probate attorney can be a daunting task especially in such tough times. But it is crucial to ensure that you have the best lawyer so that no problem arises while settling probate since Suffolk probate law is very complicated.

Probate attorneys can be of two types. While some attorneys represent their clients in court, some others handle administrative aspects. Therefore the first thing you need to decide is what type of probate attorney will be ideal to handle your case. There are a few attorneys who practice both. However it is difficult to find such attorneys because most of the attorneys like either to take care of administrative aspects or concentrate on courtroom settlements.

You need to find out a litigator is you are involved in a lawsuit over an estate. Otherwise a transaction attorney will be the ideal choice for you. Looking for an attorney who is an expert in estate planning and trusts can also be of much help as they also handle the administrative aspects.

While you hire a probate attorney it is better to go for the one who handles similar types of cases as yours. But the lawyer should possess some idea about other probate issues. This is essential because your attorney should be able to handle your case even if it is affected by any external factor.

If you are wondering how to select the right attorney go through the tips given below.

  • Make sure that the lawyer specializes in probate law.
  • Check whether the lawyer has got license to practice in Utah
  • A good attorney will always have a website where you can find all the details about him or her.
  • Talk to some of his or her previous clients to know whether the lawyer offers satisfactory service.
  • Check the lawyer’s fees before hiring him or her to make sure there is no hidden cost.

If you think hiring an individual will not be a wise decision you can also check with Ascent Law Firm because it will replace your lawyer if you are not satisfied with his or her service. Counting on a firm is advantageous because you can be sure that your investment will be worth.

How A Probate Attorney Helps

A probate attorney is a state licensed lawyer who understands law aspects enough to advice estate executors and beneficiaries on settling the affairs of a deceased person. The lawyer is also referred to as an estate attorney and is responsible for handling personal representatives throughout the probate process until everything is settled. He will take the representative through trusts, wills and estate planning among many other things.

A probate attorney usually has years of continuous legal education, experience and mentoring. They are all important in making sure that he performs his duties beyond expectations. The probate process and requirements can depend on the deceased’s state and the probate laws governing it. The probate laws will apply depending on where the deceased lived and died and where he owned estates. A valid testament of the last will can also determine how the process is conducted. However, in case of an intestate which is a state where the deceased had no valid testament of will, it is still possible for a probate attorney to handle it.

The attorney can come in handy when issues regarding the decedent’s testament, will or estate arise among the beneficiaries. Apart from advising the personal representative, this attorney can be hired by the estate beneficiary in case disagreements arise between the personal representative and the beneficiary. He can assist in contesting a will but in such circumstances, he will be known as the trust and estate litigator, probate litigator or estate litigator.

Services to Personal Representative

A probate lawyer is in a position to advise the personal representative through different things during the probate process. They include the following.

  • Obtaining the appraisals and values of the date of death regarding the property of the deceased.
  • Securing and locating probate assets as well as non-probate assets.
  • Preparing and filing relevant documents needed by the probate court in an organized, timely manner.
  • Offering advice on the payment of final bills of the decedent as well as payment of any debts that are outstanding.
  • Collecting any life insurance proceeds payable to the beneficiary.
  • Holding proper elections and rolling over any retirement plans and keeping track of the checking account of the estate.
  • Assisting with the sale of any estate property and addressing any income tax issues there could be.
  • Determining inheritance or estate taxes due at state and federal levels and figuring out where the needed cash for settlement will be generated from.
  • Settling any disputes there could be between beneficiaries and personal representatives.
  • Getting court permission to handle and take different actions applicable to the state probate laws and re-titling the real estates to the beneficiary names in situations where selling of the property is not taking place.
  • The probate attorney also assists in the distribution of assets left by the decedent after taxes and bills have been paid.

Tips for Choosing the Best Probate Attorney

It is very difficult and hard to endure the loss of your loved one. During this time, most people are not in a good state of mind to take care of the legal affairs. A probate attorney will be very helpful on such occasion and will look after the affairs of trusts, wills and estates on your behalf. Probate lawyers are qualified and knowledgeable in probate laws. They possess all the information regarding the legal procedures and provide you relief by handling all the legal matters. Probate lawyers come in two categories, litigation and transactional attorneys. The administration of a will which is uncontested and straight forward is effectively handled by a transactional lawyer. If the will is disputed in the court by the family members and if there is an anticipated litigation problem, hiring a litigator to fight for your interests in the estate will be beneficial.

Hiring the services of a probate attorney is always advisable as most of the people are not familiar with probate law. A professional transactional probate attorney will let you know about your particular situation and guide you to complete all the paperwork associated with the case. Your attorney can also offer professional advice and counsel to make any major decisions on your behalf.

Some people have their family lawyers who can look after the probate affairs in case of an unfortunate event. However, most of the people look for the attorneys when a need arises or when they expect there will be need. A qualified probate attorney can be searched for in a number of ways. Enquiring for referrals with people in your contact whom you trust is the best way to find a qualified attorney for your particular situation. If you know a relative or a close friend or a business associate who can suggest reputed law firms, you will save lot of time and effort in locating a reputed and competent attorney for your needs. But if you are unable to find attorneys through referrals, there are various other ways to find the lawyers you need.

Most of the people search the net to find competent professionals like doctors and lawyers. The names and addresses of a number of probate attorneys in your area can be obtained by searching online. Most of the professional lawyers in Iowa have their own site which offers sufficient information about their firm, experience, background, education and much more. A person can also take the advantage of locator service offered by the American Bar Association’s website to find attorneys in any state. Though this directory doesn’t recommend any attorney but a person is able to get contact details of various lawyers so that he can follow up the lawyer he prefer.

Goodwill of the law firm, certification in their field, amount of experience in probate law, affiliations with legal associations, legal fees, local references etc. are some vital factors which must be considered while selecting a probate attorney. You have to contact various attorneys personally before choosing the final one. It is necessary to have personal communication which will help you to establish friendly relationship with your chosen lawyer. This will also help the lawyer to find out whether you can work with them. Finding attorneys possessing qualifications you wish is not very difficult, but when you meet and communicate with them in person you may feel uncomfortable. It is preferable to select a lawyer with whom you feel easy and comfortable to communicate.

If you are doubtful about an attorney’s expertise or background, ask them to provide references with whom you can inquire about his services. This will help you in knowing the capabilities and character of the lawyer and you will feel comfortable to communicate with them. Since probate lawyers are quite busy, it is not easy to get an appointment with them. If a probate lawyer is too busy, it indicates that he is reputable and has lot of clients. But at the same time, being too busy may mean that the lawyer will not give much attention you desire. All these things are necessary to be considered while selecting a lawyer.

The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements, certification, specialization or self-proclaimed expertise. A description or indication of limitation of practice does not mean that any agency or board has certified such lawyers as specialist or expert in an indicated field of law practice nor does it mean that such lawyer is necessarily any more expert or competent than any other lawyer. All potential clients are urged to make their own independent investigation and evaluation of any lawyer being considered. These disclosures are required by the Supreme Court of Utah.




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