What Does a Probate Lawyer Do? | RMO Lawyers

What is a probate lawyer or probate attorney?
A probate lawyer is a state licensed attorney who works with the executors and the beneficiaries of an estate to settle the affairs of the decedent. In some instances, probate can be avoided if all the decedent’s assets have been placed in a trust. A trust can ensure a smooth transfer of property outside of court and legal proceedings.

Is a probate lawyer the same as an estate attorney?
A probate lawyer is also known as an estate attorney and will be involved in different ways depending on the particular circumstances of that estate. Their involvement will depend on the value of the decedent’s assets and whether or not they had a last will and testament at the time they passed away. In cases where no will exists, beneficiaries file claims and sue for what they believe they are entitled to. In situations where there is a will, challenges may arise as to the validity of the will, also leading to possible litigation.

What does a probate lawyer do, specifically?
Here are some of the common tasks a probate lawyer may assist an executor and beneficiaries with during the probate process:

1. Collecting proceeds from life insurance policies
2. Identifying and securing estate assets
3. Obtaining appraisals for the decedent’s real property
4. Assisting in the payment of bills and debts
5. Preparing and filing all documents required by a probate court
6. Determining if any estate or inheritance taxes are due, and making sure those debts are satisfied
7. Resolving income tax issues
8. Managing the estate checking account
9. Transferring assets in the decedent’s name to the appropriate beneficiaries
10. Making a final disbursement of assets to beneficiaries after all bills and taxes have been paid

How much does a probate lawyer cost?

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About RMO Lawyers:
RMO LLP serves clients in Los Angeles, Santa Monica, Orange County, San Diego, Kansas City, Miami, and communities throughout California, Florida, Missouri and Kansas.

Our founder, Scott E. Rahn has been named “Top 100 – Trust and Estate Litigation” by SuperLawyers, Trusts and Estates Litigator of the Year, and Best Lawyers in America for Litigation

[reginaldmitchell]

I lost my mother on this year, February 22nd, 2022 and coming to find out that Mom had a trust in trusting things would go right in leaving things behind. Mom, on her death bed mentioned that she's leaving the building to her Children, but made my sister the power of attorney. The building amongst my sibling was given to me verbally and announced me being the oldest brother would be taking care of mom building. I addressed my sister to draw up a document with my name, wanted to know my role in living in mom's place and nothing was given, in putting a little fire under her feet, I mentioned that I would not pay the mortgage until I get something in writing, after that been said she put the building up for sell without communicating with me or my siblings. What can I do?

Feeling very hurt😪🥺😭😤

[msbdcsu]

How long does process take if no problem exists

[jamesross]

Isn't that weird that once you become a lawyer you see the ins and outs of the job and you realize this country is itself

[lauriemurphy]

If a person dies without a will has no children only siblings who get their house

[sheliah.blackwell]

What can attorney is needed for me? My mother 84 diagnosed with dementia 4 years ago just found out her niece and nephew get power of attorney overall assets without her children knowing. We need to get all her money back.

[kberlyc]

My brother passed, his only income was SSI. He has $4, 000 in the bank and owns 2 vehicles. Will my nephew need a probate lawyer to manage this?

[klarafrank]

Мне нужна ваша помощь, но у меня разговорный русский. Мы можем с Вами работать?