Probate Law News

What Is The Lawyer's Role

It is easy to be lured by advertisements claiming you can save time and money by drafting your own will using do-it-yourself software or fill-in-the-blank will kits. It is unlikely that these systems will generate a suitable will that accomplishes all your objectives. Only a qualified lawyer can interpret the maze of laws bearing on property rights, taxes, wills, probate, and trusts.

On the other hand, you can save time and money by preparing thoroughly for a meeting with your estate planning lawyer. You can organize your information regarding your assets, liabilities, and title arrangements and discuss your feelings about providing for various family members. You should provide copies of important documents such as previous wills or trusts, powers-of-attorney, life insurance policies, employment benefits, and prenuptial agreements or divorce decrees.

Not every state has a program requiring or allowing attorneys to designate a specialty area of practice, so you should inquire about the level of experience and qualifications in estate planning when selecting an attorney. Membership in certain bar associations or estate planning organizations often indicates a level of dedication to the estate planning field and a commitment to keeping abreast of the law. Most important, you should choose an attorney in whom you have confidence, either through recommendations from friends or your other professional advisors.

The advice and direction of your attorney will be essential to implementing an estate plan that both disposes of your assets according to your wishes and meets your other personal objectives.

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	Did You Know?
	Probate Is Handled In Court Probate cases normally occur in state and county court where the deceased permanently lived at the time of his or her death. In different states such courts may go by different names. Some are simply called the Probate Court. In New Yorkthey are called the Surrogates Court and in California they are called the Superior Court, Probate Division. The probate court will normally handle all the personal property the deceased owned, plus all the real estate the deceased owned located in that same state.