Probate attorneys can help those involved in the probate process to understand their rights and to fulfill their obligations. Many people should be represented by a probate attorney during the probate process. Heirs or beneficiaries who stand to inherit from the deceased person (the decedent) should have a lawyer advocating for their interests and making sure their inheritance is protected during probate.
Anyone who wishes to contest a will is also going to need to have a lawyer to help them understand the process of raising objections to the will and convincing the court that there is a problem with the will being presented that should result in the will not being probated. Even those who wish to make claims as creditors against the estate should have legal representation.
While it is important for all of these interested parties to have a lawyer, it is perhaps most important for the executor of an estate to obtain legal representation. The executor of an estate has a fiduciary duty, which is the highest duty that a person can owe. If an executor does not fulfill his duty, he could actually put himself at legal risk of liability and could be sued.
If you have been named as executor of an estate, you don’t want to let the decedent down, and you also don’t want to be make yourself vulnerable to financial loss because of mistakes or failures during the probate process. You should reach out to Nirenstein, Horowitz & Associates today to find out how probate attorneys can help you to fulfill your obligations. We will provide personalized service so you can get the help that you need based on the specific legal and financial issues that arise during the probate process. You can also learn here about five of the key ways that probate attorneys help executors to fulfill their obligations during the probate process.
Probate Attorneys Help Executors With Court Paperwork
When a person has passed away, the decedent hopefully left behind a last will and testament which names a person as executor of an estate. The person named as executor is not yet formally considered the executor, though. Paperwork must be filed with the court to get the probate process started.
The probate court judge will formally name the executor of an estate as the executor if he wishes to fulfill this role, and the executor will then be responsible for managing the affairs of the estate and overseeing the probate process. One of the executor’s key duties during this time will be to submit all relevant paperwork and forms to the court, meeting designated deadlines and acting in a timely manner to move the probate proceedings forward.
Probate Attorneys Help Executors Provide Notice
Interested parties, including potential heirs or beneficiaries, must be notified of the probate process. Creditors have to be given an opportunity to respond and make claims against the estate. The executor of an estate may also need to take steps to collect money and property owed to the estate. It is the executor’s job to understand who must be notified of the probate proceedings and how that notice must be provided. Nirenstein, Horowitz & Associates can assist with complying with notification rules.
Probate Attorneys Help Executors with Tax Compliance
Depending upon the value of assets left behind by the decedent, estate tax may be owed. The executor of an estate must obtain a tax ID number for the estate, if necessary, and must pay any taxes due. The executor of an estate must also comply with both state and federal tax rules related to investments, capital gains, the transfer of assets, and the ownership of estate property.
Probate Attorneys Help Executors with Court Proceedings
During the probate process, there may be court hearings. In some cases, those hearings are simple and straightforward. In other circumstances, such as when a will is contested, the hearings can be complicated and require extensive preparation. Nirenstein, Horowitz & Associates can represent executors in both simple and complex court proceedings.
Probate Attorneys Help Facilitate the Transfer of Assets
Titles and deeds may have to be changed in order for new owners to officially take ownership after inheriting. A probate attorney at Nirenstein, Horowitz & Associates can help with the process of changing the legal owner of the decedent’s property.
Getting Help from Probate Attorneys
Nirenstein, Horowitz & Associates is here to help you if you have been named executor of an estate or if you have any other role to play in the probate process. We can also provide you with advice and support if you are creating an estate plan and you want help determining who your executor should be. To learn all about the different kinds of services our probate attorneys can offer you, join us for a free seminar today or give us a call at 860-548-1000 or contact us online to get personalized advice.