The difference between a probate lawyer and a Real-Estate Lawyer can be made by thinking of it related to the before and after terms. Usually, people hire a planning estate lawyer before the death of a person. The primary reason behind this is that a planning estate lawyer aids in making decisions regarding land division, assets, and many more. In contrast, a probate lawyer helps administer a will after the person has lost his life.
Role of estate planning lawyers
As their name says, the primary role of estate planning lawyers is ‘planning.’ Estate planning lawyers do the job of planning for your assets before the individual leaves the World. A good estate planning lawyer will know all the rules and regulations to follow while planning.
The estate planning lawyer helps you in drafting your will. In addition, the planning lawyer helps make decisions regarding the dispersion of your assets amongst the selected beneficiaries. The estate planning lawyer will also help decrease or eliminate your estate taxes after the person dies.
Role of probate lawyers
The probate lawyer helps divide land and assets after the individual has kicked the bucket. They are the procedure of validating a will after the person’s death.
The probate court can be a difficult task and prove difficult for the family members if a person has not planned how to disperse their assets among the beneficiaries. However, a probate lawyer can make this procedure more straightforward and accessible.
In the presence of will
In case there is a will that is behind by the person, then the probate lawyer goes through the entire document. First, the probate lawyer makes sure that the choice is not illegal. The probate lawyer also ensures that the person was aware when they signed the will. This procedure is often probated. After the probate lawyer has made sure that the will is legal, the will division occurs among the beneficiaries.
In the absence of a will
The process becomes more complicated if the person hasn’t left any will behind. Such situations are known as ‘intestate’ deaths. Then, the dead person’s property is distributed per the intestate law. Generally, this refers to giving the assets to the surviving spouse.
If there’s no surviving spouse, the state sets specific guidelines on how assets will be distributed. In such situations, the probate lawyer ensures the assets go to the right hands.
Should a person plan their estate if they desire to prevent probate?
Yes. Probation tends to be costly and time-consuming. Along with this, probate is usually a general procedure. Therefore, to avoid such issues, a person should plan their estate to distribute among the beneficiaries.
How much time does probate take?
The time taken is according to the situation of different families. Usually, it can take around six months to a year. However, it can take more than this, too, specifically if the assets are necessary for the sale.
What does someone need to do if they’re the estate executor?
As an executor of the estate, you should ensure that all the desires of the deceased and the probate court are fulfilled simultaneously. In addition, you must ensure that assets are dispersed equally, and transparency should be maintained. Your other roles will include selling the estate if it is necessary.
Why should you hire a professional for the probate process?
Professional help in professionally solving the issue, avoiding the possibility of conflicts regarding the estate. This is why you must choose a professional for the process.
Conclusion
The difference between a probate lawyer and a Real-Estate Lawyer can be made by thinking of it related to the before and after terms. As their name says, the primary role of estate planning lawyers is ‘planning.’ Estate planning lawyers do the job of planning for your assets before the individual leaves the World. In addition, these lawyers help divide land and assets after the individual has kicked the bucket.
