Los Angeles Probate Attorney helps executors and beneficiaries navigate legal issues throughout the probate process. They also distribute estate assets based on state-specific intestacy laws when no will is present.
They are specialized probate experts who only handle cases related to trusts and estates. To become a probate attorney, you must complete an undergraduate degree and take the Law School Admission Test (LSAT). Then, you must attend law school to earn your Juris Doctor degree.
A probate attorney is a state-licensed lawyer who works with executors and beneficiaries of an estate as they settle the deceased party’s affairs. In addition to handling the legal issues, they may also assist with finding and inventorying assets, settling any debts, distributing the estate to beneficiaries and more. They must have excellent written and verbal communication skills in order to interact with their clients and other attorneys.
A bachelor’s degree is a prerequisite to becoming a probate attorney. While you can choose to major in any subject, a background in law or business management is preferred. After earning your undergraduate degree, you will need to pass the LSAT (Law School Admission Test). You should aim to study for this exam well in advance, and consider forming a study group to help keep you accountable. Once you’re accepted into law school, you can pursue a Juris Doctor degree with a specialization in estates and trusts. Consider choosing a law school with an estate attorney clinical program, which will give you the hands-on experience needed for this career.
Once you’re a licensed attorney, you can begin practicing in your chosen field. Probate litigation is a common area of practice, and you will often work with parties that disagree with how a will, estate, power of attorney or trust is being managed.
For example, someone may contest being left out of a will, or claim the deceased signed it under duress or undue influence. Your job is to advise your client of their rights, file the necessary paperwork with the court and, if necessary, argue in court why they should prevail.
You must be knowledgeable about the Uniform Probate Code, which outlines rules and limits on wills, trusts and other legal documents that go through probate. You must also be familiar with your state’s inheritance laws, as these can differ from one another. A good probate attorney will have an in-depth understanding of these laws and how they apply to each individual case. Moreover, they will be experienced in settling disputes among beneficiaries and heirs.
Experience
Probate is a lengthy, time-consuming process that often requires expert assistance. While it’s possible for some families to manage the process without an attorney, most find it a lot easier with one on their side. An estate lawyer’s experience will help you avoid costly errors and delays.
A probate attorney handles legal proceedings that take place after a person’s death, including authenticating a will, settling debts, and distributing assets to beneficiaries. They may also assist with other estate planning matters such as setting up trusts. During the selection process, ask potential attorneys about their experience in handling probate cases and how long they have been practicing law.
An experienced probate attorney will be familiar with the rules and procedures of the specific county in which they practice. This can save you a lot of trouble down the line, as judges in different counties have their own unique ways of handling cases. Moreover, the longer an attorney has been in the business, the more familiar they will be with the different aspects of estate law.
It’s also important to understand whether your potential attorney charges an hourly rate or a flat fee for the entire probate process. This will be a major factor in deciding who you choose, as the latter is usually more cost-effective in the long run.
Some attorneys request a percentage of the total value of the estate, which can seem hefty to some clients. However, it’s important to remember that this percentage is based on the gross value of the estate (not net), which excludes debts such as mortgages on properties.
The average length of time it takes to settle an estate can vary greatly depending on a number of factors, such as if the will is challenged or there are conflicts between heirs. It’s also worth noting that probate can be lengthy if the estate has many complex issues, such as multiple property ownership, a complicated tax situation, or overseas assets. A knowledgeable NY probate attorney can minimize the impact on beneficiaries by taking care of the details and minimizing delays.
Education
As the name suggests, probate lawyers specialize in matters dealing with estates. They can either work with heirs to help them understand their inheritance and pay off debts or they can represent the estate itself in court. Either way, they need a thorough understanding of estate laws and the probate process. In addition, they need to be knowledgeable about the nuances of each judge and county to help make the process more efficient and less stressful.
Probate lawyers may also be called on to represent family members or other parties of interest who are involved in litigation against the estate. This can be challenging, especially if it is a high-stakes dispute over a loved one’s estate or their will. Often, this type of situation requires a probate attorney with significant litigation experience.
The first step to becoming a probate lawyer is getting a bachelor’s degree, which can be in any subject. However, it is a good idea to take business courses so you have some background in how assets are accounted for and distributed after someone passes away.
After obtaining your undergraduate degree, you need to attend law school to obtain a Juris Doctor (J.D.) degree. During your time in law school, you should try to find a program that allows you to specialize in estate law and probate. In addition, you should also look for any externships or mentorships that will allow you to gain hands-on experience in the field.
Once you have obtained your J.D. degree, you will need to pass the bar exam in your state to become licensed to practice law. In order to get ready for the exam, you should study extensively on estate law and probate. You should also be familiar with the Uniform Probate Code, which is a set of laws that governs how estates are handled in different states.
If you are the executor of an estate, it’s a good idea to hire a probate attorney to help you navigate the legal process. However, if the estate is small and there is no litigation against it, you can usually handle the probate process yourself.
Licensing
Generally, a probate attorney must be licensed to practice law in the state in which he or she lives. There are a few exceptions to this rule, but most attorneys who specialize in estate planning and probate have a license to practice law. Typically, the only way to become a probate attorney is to earn a law degree and pass a bar exam. Some attorneys also obtain an endorsement from the state in which they are working.
While the majority of the work that is performed by a probate lawyer involves estate administration, there are other tasks that are sometimes needed. For example, some attorneys may assist with filing tax returns for the estate, locating assets, valuing property at the date of death, and making distributions to heirs. They may also help in resolving disputes and settling creditors.
When selecting an attorney for a probate case, be sure to discuss the type of representation they offer and what is included in their fee structure. Some attorneys charge an hourly rate, while others may offer a flat fee for the entire case. Ask the attorney how often they will update you on the status of your case and what methods of communication are preferred.
Some states, regulate the rates charged by probate lawyers. However, these fees can be perceived as unreasonable to many clients, especially if they are based on the gross value of the estate (i.e., the total value of the estate minus debts such as mortgages on properties).
A probate attorney will not only help in the administration of an estate, but they can also assist in contesting a will or helping family members with heir-related legal issues. For instance, if a deceased loved one’s new spouse suspects that the will was written under undue influence, they can hire a lawyer to file a petition to challenge the will.
