You may not be aware of the fact that there are actually several types of probate lawyers that work in the country today. These probate lawyers are considered to be one of the most knowledgeable Probate Attorney Las Vegas when it comes to the entire probate process and how it can best be served. In most instances, a probate lawyer will act as the representative of the deceased party or their heirs and is also responsible for acting as an attorney for the beneficiary(ies) of the deceased party.
The most common type of attorney who represents the deceased party is referred to as the executor. In most instances, an executor is typically someone who was very close to the decedent and had been involved with the entire process of planning and executing the deceased’s will. As a result, it is extremely common for an executor to be someone like a parent, grandparent, sibling, or friend. Another common name for the executor is the administrator, as this person will be the one who is responsible for the management of the decedent’s estate.
Another probate attorney type is the administrator. The administrator is essentially a representative of the decedent(s) and is usually the one who will be involved in the day-to-day operations of the estate. While the executor will generally handle the legal aspects of the entire process, the administrator is required to administer duties in accordance with the wishes of the deceased party. Often times, the administrator will actually be the one who will represent the decedent and its assets and will therefore have to make decisions according to the wishes of the individual who held the decedent’s estate. This is often seen in cases where the decedent did not specify who would manage his/her estate, and therefore no specific family member is chosen.
One more commonly found type of probate attorney is the personal representative. In this role, the individual who is actually designated as the legal representative of a deceased person will act in his or her behalf on all legal proceedings, although he or she will not have the final authority to do so. In other words, this individual will have a responsibility similar to that of an attorney, but will not necessarily be entitled to the same level of legal fees. Also, in some cases, the probate process may call for the legal representative to act in the role of an attorney and to make decisions according to the wishes of the person who has died.
Most people probably think that they have no responsibilities to choose probate attorneys for their beneficiaries after they pass away, but this is actually not true. In many cases, the executors of the will are the ones who receive money from the estate (as is the case with some intestate estate planning). These people are then responsible for making sure that the funds are distributed as directed by the will. If the will does not specify who should get what, then this is the role of the probate lawyer.
What duties does the probate attorney have if he or she is designated to be the executor? This varies depending on what state the deceased party was born in. Sometimes the executor is simply the person who was actually named on the document, sometimes he or she is the spouse or other family members, and sometimes he or she is a third party such as an insurance company or a bank. In some states, the executor may be reimbursed for his or her expenses, which may include mileage, consultation fees and even legal costs. In some states, however, only the parents of a deceased party can reimburse the executor for these expenses, regardless of whether the beneficiaries actually receive any monies from the will. In this case, the probate attorney is responsible for making sure that the beneficiaries receive their inheritance.
Another duty of an executor is to review all documents and verify that they are signed and properly executed. Many times there are important documents that were never executed, such as life insurance policies, trust deeds, and educational records. An estate planning attorney can often assist with these types of documents and can even offer advice on the process of wills and probate. He or she can also assist with the creation of trust plans, take care of outstanding debts, and assist with executing all of the necessary actions needed for the transfer of assets.
How are wills prepared and filed? When a person dies, his or her will is often prepared by a close personal friend or associate. If there are no will templates for state or county, there are resources available online that can help you prepare your will. If you are preparing your own will, it is important to have your attorney review your final draft in order to make sure that everything is worded correctly and that there are no mistakes in the documentation. If you utilize an online service for filing, make sure that you know who will be paying the bills, how much and in what format, and who will be making the final confirmation of the document. Your attorney will be able to make these determinations and will ensure that all parties receive fair notice of the bill’s effective date.