A loved one’s passing often requires a person take on new tasks, ones they may not be familiar with. For example, this person may need to find a probate lawyer in Azle TX, yet not know how to go about selecting an individual in this situation. In addition, he or she may wonder about the duties of the attorney during this process. Probate lawyers have several tasks they must undertake. Following are some of the more common ones.
A will is a legal document that outlines the wishes of the individual following his or her demise. Regardless of the size of a person’s estate, everyone needs a will to explain their wishes. This document simply states who is to receive which assets, or it may be used to outline the person’s wishes for his or her funeral, memorial service, or burial. The attorney may be asked to write this document, ensure the validity of the requests being made in the will, or work with the client to set up trusts or charitable deductions. Certain conditions must be met when a will is written, such as having a witness present during the drafting of the document. The attorney is also responsible for ensuring these conditions are complied with.
The attorney presents the will to the court and ensures the wishes of the deceased are followed. In the event no will may be located, the attorney is then asked to determine the extent of the estate and develop a settlement plan for any heirs left behind. If a settlement cannot be reached between the heirs, the attorney may be asked to work with all parties to come to a fair agreement, one that will benefit all heirs.
A probate lawyer in Azle TX, may also be asked to administer the estate, as his or her involvement often helps to avoid any financial penalties or delays. The attorney typically steps in after the will and death certificate have been filed with the appropriate authorities, and he or she gathers any information that may be needed by the court during the course of the process.
These are only a few of the duties a probate attorney takes on. There are numerous others that may be required, depending on the estate of the deceased. Speak to an attorney today to learn how they can be of help to you.
